over 1500................................................................................................. 1.00

3. Except for the fees relating to the registration of
a representative, the Administrator may reduce the fees established by this
section if the reduction is equitable in relation to the costs of carrying out
the provisions of this chapter.

4. The Division shall adopt regulations which
establish the fees to be charged and collected by the Division to pay the costs
of:

(a) Any examination for a license, including any costs
which are necessary for the administration of such an examination.

(b) Any investigation of a persons background.

Sec. 32. The amendatory provisions of subsection 3
of section 24 of this act do not apply to any act or omission to act that:

1. Is a ground to commence a proceeding pursuant to that
subsection; and

2. Is committed more than 3 years before October 1, 2005.

Sec. 33. 1. This section and sections 12, 13, 18,
25 and 27 of this act become effective upon passage and approval.

2. Section 3 of this act becomes effective upon passage and
approval for the purpose of taking such actions as are necessary to prepare the
booklet on disclosures described in section 3 of this act and on July 1, 2006,
for all other purposes.

4. Sections 5, 6 and 8 of this act become effective on
January 1, 2006.

5. Sections 9, 13, 18, 20, 27 and 29 of this act expire by
limitation on the date on which the provisions of 42 U.S.C. § 666 requiring
each state to establish procedures under which the state has authority to
withhold or suspend, or to restrict the use of
professional, occupational and recreational licenses of persons who:

suspend, or to restrict the use of professional, occupational and
recreational licenses of persons who:

(a) Have failed to comply with a subpoena or warrant
relating to a proceeding to determine the paternity of a child or to establish
or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or
more children,

Κ are repealed by
the Congress of the United States.

6. Sections 10, 14, 19, 21, 28 and 30 of this act become
effective on the date on which the provisions of 42 U.S.C. § 666 requiring each
state to establish procedures under which the state has authority to withhold
or suspend, or to restrict the use of professional, occupational and
recreational licenses of persons who:

(a) Have failed to comply with a subpoena or warrant
relating to a procedure to determine the paternity of a child or to establish
or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or
more children,

AN ACT relating to
residential property; providing for the participation of certain nonprofit
organizations in programs for the rehabilitation of residential neighborhoods
and abandoned residential property; and providing other matters properly
relating thereto.

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
279A.010 is hereby amended to read as follows:

279A.010 The Legislature hereby finds and declares
that:

1. There exists within the urban areas of this State a
large number of deteriorated, substandard and unsanitary residential properties
because of the inability of their owners, for whatever reason, to pay for their
repair and maintenance;

2. These properties are a threat not only to the
health, safety and well being of the persons who occupy them but also to
neighboring persons and property;

3. There is also a shortage of decent, safe and
affordable housing for persons of low or moderate income and the counties and
cities of this State have an obligation to encourage
persons who own residential property to maintain that property in a decent,
safe and sanitary condition; [and]

have an obligation to encourage persons who own residential
property to maintain that property in a decent, safe and sanitary condition; [and]

4. It is in the public interest to encourage the
preservation and maintenance of housing in this State for persons of low or
moderate income, in order to improve their living conditions and, in doing so,
to benefit the health, safety and welfare of the people of this State [.]; and

5. The
provisions of this chapter are in addition to, and do not abrogate or limit the
application of, any other provisions of law granting to a county or city the
authority to:

(a) Develop
affordable housing; and

(b) Rehabilitate
residential neighborhoods and individual properties within those neighborhoods.

Sec. 2.NRS 279A.030 is hereby amended
to read as follows:

279A.030 1. The governing body of a county or city
may adopt an ordinance establishing a program for the rehabilitation of
residential neighborhoods in that county or city.

2. The ordinance must contain provisions:

(a) Establishing an agency, or designating an existing
agency, of the county or city to administer the program.

(b) Creating a revolving fund for loans for the
rehabilitation of residential property and designating the amount of the
original allocation of money by the governing body for the fund.

(c) Providing the criteria and procedures for
allocating additional money to the fund.

(d) Providing the maximum amount of a loan from the
fund and the period and rate of interest of each loan.

(e) Setting forth the criteria for determining the
eligibility of an applicant for a loan and of property for rehabilitation.

(f) Setting
forth that, with respect to a residential property rehabilitated pursuant to
this chapter, the monthly mortgage payment or monthly rent, as applicable, must
not, during the term of any loan made pursuant to this chapter, exceed 50
percent of the gross monthly income of the household occupying the residential
property.

(g)
Establishing such other requirements for participation in the program as the
governing body considers necessary.

Sec. 3. NRS 279A.040 is hereby amended to read as
follows:

279A.040 1. An applicant for a loan for the
rehabilitation of residential property must, at the time application is made:

(a) Be a
natural person who:

(1)
Is a resident of or an owner of residential property in the city
or an unincorporated area of the county, as the case may be[.

(b) Be];

(2)
Is a member of a household having a gross income of less than 80
percent of the median gross income for households of the same size [within]residing in the same
[geographic area or rent]county or city, as applicable, as that
percentage is defined by the United States Department of Housing and Urban
Development, or rents residential property to such households[.

(c) Own and
reside] ;

(3)
Owns and resides on or [rent]rents for residential
purposes only the property for which the loan is sought[.

(d) Have] ; (4)
Has the financial resources to repay the loan in accordance with the terms of
the agreement [.

(4)
Has the financial resources to repay the loan in accordance with
the terms of the agreement[.

(e) Have] ;

(5)
Has the ability to complete the rehabilitation within a
reasonable time and maintain the property in a decent, safe and sanitary
condition[.

(f) Meet] ; and

(6)
Meets such other requirements as are imposed by the governing
body[.] ; or

(b) Be an
organization that:

(1)
Is recognized as exempt pursuant to 26 U.S.C. § 501(c)(3) or 501(c)(4);

(2)
Provides affordable housing to natural persons who meet the criteria set forth
in subparagraphs (1) and (2) of paragraph (a); and

(3)
Has the financial resources to repay the loan in accordance with the terms of
the agreement.

2. Any residential property for which a loan for
rehabilitation is sought must be:

(a) Entirely situated within the boundaries of the city
or within an unincorporated area of the county, as the case may be ; [.]

(b) Capable of rehabilitation within reasonable limits[.] ; and

(c) Subject to not more than two encumbrances.

Sec. 4. NRS 279A.050 is hereby amended to
read as follows:

279A.050 1. Upon receiving an application for a loan
for the rehabilitation of residential property, the agency shall:

(a) Inspect the property to determine if rehabilitation
of the property is feasible[.] ; and

(b) Determine the amount of the loan that the condition
of the property justifies.

2. After inspection of the property, the agency shall
interview the applicant or, if the
applicant is an organization described in paragraph (b) of subsection 1 of NRS
279A.040, the representative of the organization, to determine if
the applicant satisfies the criteria for eligibility for a loan and, if [he]the applicant satisfies
those criteria, the amount, terms and conditions of the loan.

3. The agency shall recommend to the governing body
the amount of the loan, if any, and the terms and conditions of the loan.

Sec. 5. NRS 279A.060 is hereby amended to
read as follows:

279A.060 If the governing body approves the
application for a loan, the loan must be:

1. Evidenced by a promissory note, the principal
amount of which must be equal to the amount of the loan, secured by a mortgage
on the property[.] ; and

2. Made pursuant to an agreement between the county or
city and the natural
person or organization
to whom the loan is made, identifying the property, specifying the amount and
period of, and rate of interest on, the loan and providing that:

(a) The property must be rehabilitated for decent, safe
and sanitary residential use; and

(b) The rehabilitation must begin and be completed
within a period determined by the governing body.

279A.070 1. A natural person to whom a loan is made pursuant
to this chapter shall:

(a) Maintain the property in a decent, safe and
sanitary condition; and

(b) Reside, or have a member of his family reside, on
the property.

2. An
organization to which a loan is made pursuant to this chapter shall maintain
the property in a decent, safe and sanitary condition.

3. If
the natural person or organization to whom a
loan is made is unable to repay in accordance with the established schedule,
the governing body may defer, upon good cause shown, repayment of the amount of
the loan until the sale of the rehabilitated property.

Sec. 7. NRS 279A.100 is hereby amended to
read as follows:

279A.100 If at any time the aggregate amount
represented by pending applications from qualified applicants for loans for the
rehabilitation of residential property exceeds the amount available in the
fund, the governing body shall give preference to [those applicants]:

1. Applicants
who are members of households having a gross income that is 50
percent or less of the median gross income for households of the same size
within the same geographic area[.] ; and

2. Applicants
that are organizations which serve natural persons described in subsection 1.

Sec. 8. NRS 279B.010 is hereby amended to
read as follows:

279B.010 The Legislature hereby finds and declares
that:

1. There exists within the urban areas of this State a
large number of deteriorated, substandard and unsanitary residential properties
which have been abandoned by their owners;

2. These properties are a threat to the health, safety
and well-being of the persons occupying neighboring properties;

3. There is also a shortage of decent, safe and
affordable housing for persons of low or moderate income and the counties and
cities of this State have an obligation to provide such persons with an
opportunity to obtain residential property; [and]

4. It is in the public interest to encourage the
preservation and maintenance of housing in this State for persons of low or
moderate income, in order to improve their living conditions and, in doing so,
to benefit the health, safety and welfare of the people of this State [.]; and

5. The
provisions of this chapter are in addition to, and do not abrogate or limit the
application of, any other provisions of law granting to a county or city the
authority to:

(a)Develop affordable housing; and

(b)Rehabilitate abandoned residential properties.

Sec. 9. NRS 279B.040 is hereby amended to
read as follows:

279B.040 1. An applicant for rehabilitation of
abandoned residential property must, at the time application is made:

(a) Be a
natural person who:

(1)
Is a resident of the city or an unincorporated area of the
county, as the case may be;

[(b) Be]

(2)Is a
member of a household having a gross income of less than 80 percent of the
median gross income for households of the same size [within]residing in the same
[geographic area;

(2)Provides affordable housing to natural persons who meet the
criteria set forth in subparagraphs (1) and (2) of paragraph (a); and

(3)
Has the financial resources to rehabilitate the abandoned residential property
in accordance with the terms of the agreement.

2. Any abandoned residential property for which an
application for the rehabilitation is sought must be:

(a) Entirely situated within the boundaries of the city
or within an unincorporated area of the county, as the case may be;

(b) Capable of rehabilitation within reasonable limits;
and

(c) Subject to not more than two encumbrances.

Sec. 10. NRS 279B.050 is hereby amended to
read as follows:

279B.050 1. Upon receiving an application for
rehabilitation of abandoned residential property, the agency shall inspect the
property to determine if rehabilitation of the property is feasible.

2. After inspection of the property, the agency shall
interview the applicant or, if the
applicant is an organization described in paragraph (b) of subsection 1 of NRS
279B.040, the representative of the organization, to determine if
the applicant satisfies the criteria for eligibility for the rehabilitation of
abandoned residential property and, if [he] the applicant satisfies
those criteria, the terms and conditions of the agreement to rehabilitate the
property.

3. The agency shall recommend to the governing body
the terms and conditions of the agreement.

Sec. 11. NRS 279B.070 is hereby amended to
read as follows:

279B.070 1.
A natural person
to whom title to abandoned residential property is conveyed pursuant to this
chapter shall:

[1.] (a) Maintain the property in a decent, safe
and sanitary condition; and

[2.] (b) Reside on the property.

2. An
organization to which title to abandoned residential property is conveyed
pursuant to this chapter shall maintain the property in a decent, safe and
sanitary condition.

Sec. 12. NRS 279B.090 is hereby amended to
read as follows:

279B.090 If at any time the number of pending
applications from qualified applicants for the rehabilitation of abandoned
residential property exceeds the number of abandoned
properties available for rehabilitation, the governing body shall give
preference to [those applicants] :

exceeds the number of abandoned properties available for
rehabilitation, the governing body shall give preference to [those
applicants]:

1. Applicants
who are members of households having a gross income that is 50
percent or less of the median gross income for households of the same size
within the same geographic area[.] ; and

2. Applicants
that are organizations which serve natural persons described in subsection 1.

________

CHAPTER 349, SB 397

Senate Bill No. 397Committee on Natural Resources

CHAPTER 349

AN ACT relating to
wildlife; increasing the number of demerit points a person is allowed to
accumulate before the Department of Wildlife is required to notify the person;
increasing the period of suspension or revocation of a license, permit or
privilege for the unlawful killing of certain big game; revising the provisions
governing the disposition by the Department of seized or abandoned property;
revising the provisions governing the employment and use of guides for wildlife
activities; providing penalties; and providing other matters properly relating
thereto.

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
501 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2, 3 and 4 of this act.

Sec. 2. An
employee of the Department may take any wildlife from any place, except private
property without lawful authority, and in any manner for any purpose determined
by the Director to be in the interest of conserving wildlife in this State if
the taking of the wildlife complies with the requirements established by the
United States Fish and Wildlife Service or any other agency of the Federal
Government.

Sec. 3.1.
If a person who holds:

(a) A license,
tag or permit issued by the Department to engage in any activity authorized or
regulated by this title or by a regulation adopted pursuant thereto; or

(b) A
certificate of number issued by the Department,

Κ violates a written promise to
appear pursuant to a citation that was prepared manually or electronically for
a violation of a provision of this title, chapter 488 of NRS or any regulation
adopted pursuant thereto, the clerk of the court shall immediately notify the
Department on a form approved by the Department.

2. Upon
receipt of notice from a court in this State of a failure to appear, the
Department shall notify the person by certified mail that his license, tag,
permit or certificate of number is subject to suspension and allow him 30 days
after the date of mailing the notice to:

(a) Appear
in court and obtain a dismissal of the citation or complaint as provided by
law;

(b) Appear
in court and, if permitted by the court, make an arrangement acceptable to the
court to satisfy a judgment of conviction; or

(c) Make a
written request to the Department for a hearing.

3. If
notified by a court within 30 days after the notice of a failure to appear that
a person has been allowed to make an arrangement for the satisfaction of a
judgment of conviction, the Department shall remove the suspension from the
record of the person. If the person subsequently defaults on his arrangement
with the court, the court shall notify the Department which shall immediately
suspend the license, tag, permit or certificate of number until the court
notifies the Department that the suspension may be removed.

4. The
Department shall suspend the license, tag, permit or certificate of number of a
person 31 days after the Department mails him the notice provided for in
subsection 2, unless within that period the Department receives a written
request for a hearing from the person or notice from the court on a form
approved by the Department that the person has appeared or the citation or
complaint has been dismissed. A license, tag, permit or certificate of number
so suspended remains suspended until further notice is received from the court
that the person has appeared or that the case has been otherwise disposed of as
provided by law.

Sec. 4. 1. If a person who does not hold:

(a) A license, tag or permit issued by the Department
to engage in any activity authorized or regulated by this title or by a
regulation adopted pursuant thereto; or

(b) A certificate of number issued by the Department,

Κ
violates a written promise to appear pursuant to a citation that was prepared
manually or electronically for a violation of a provision of this title,
chapter 488 of NRS or any regulation adopted pursuant thereto, the clerk of the
court shall immediately notify the Department on a form approved by the
Department.

2. Such a
person may not apply to the Department for a license, tag, permit or
certificate of number until the Department receives notice from the court that
the person has appeared or that the case has been otherwise disposed of as
provided by law.

Sec. 5. NRS 501.1816 is hereby amended to
read as follows:

501.1816 1. If a person accumulates [6]9 or more demerit
points, but less than 12, the Department shall notify him of that fact by
certified mail. If, after the Department mails the notice, the person presents
proof to the Department that he has, after his most recent wildlife conviction,
successfully completed a course of instruction in the responsibilities of
hunters approved by the Department, the Department shall deduct 4 demerit
points from his record. A person may attend a course of instruction in the
responsibilities of hunters only once in 60 months for the purpose of reducing
his demerit points.

2. If a person accumulates 12 or more demerit points
before completing a course of instruction pursuant to subsection 1, the
Department shall suspend or revoke any license, permit or privilege issued to
him pursuant to this title.

3. Not later than 60 days after the Department
determines that a person has accumulated 12 demerit points, the Department
shall notify the person by certified mail that his privileges will be suspended
or revoked. Except as otherwise provided in subsection 4,
the Department shall suspend or revoke those privileges 30 days after it mails
the notice.

otherwise provided in subsection 4, the Department shall
suspend or revoke those privileges 30 days after it mails the notice.

4. Any person who receives the notice required by
subsection 3 may submit to the Department a written request for a hearing
before the Commission not later than 30 days after the receipt of the notice.
If a written request for a hearing is received by the Department:

(a) The suspension or revocation of the license, permit
or privilege is stayed until a determination is made by the Commission after
the hearing.

(b) The hearing must be held within 60 days after the
request is received.

5. The periods of suspension or revocation imposed
pursuant to this section must run concurrently. [No]Except as otherwise provided in this
subsection, no license, permit or privilege may be suspended or
revoked pursuant to this section for more than 3 years. The license, permit or privilege of a person who is
convicted pursuant to NRS 501.376 of:

(a) A
gross misdemeanor may not be suspended or revoked for more than 5 years; or

(b) A felony
may not be suspended or revoked for more than 10 years.

6. If the Department suspends or revokes a license,
permit or privilege pursuant to this section, the period of suspension or
revocation begins 30 days after notification pursuant to subsection 3 or a
determination is made by the Commission pursuant to subsection 4. After a
persons license, permit or privilege is suspended or revoked pursuant to this
section, all demerit points accumulated by that person must be cancelled.

Sec. 6. NRS 501.375 is hereby amended to read
as follows:

501.375 1. Every game warden, sheriff and other peace
officer of this State and its political subdivisions shall enforce the
provisions of this title and seize any wildlife taken or held in possession in
violation of those provisions.

2. Such an officer may:

(a) With or without a warrant, conduct a reasonable
search of any camp, structure, aircraft, vessel, vehicle, box, game bag or
other package where he has reason to believe any wildlife taken or held in
violation of any of the provisions of this title is to be found, and, for the
purpose of such a search, may detain any aircraft, vessel or vehicle for a
reasonable time.

(b) Seize any such wildlife and any gun, ammunition, trap,
snare, tackle, or other device or equipment whose presence indicates that a
violation of any provision of this title has occurred. Except for property
described in NRS 501.3857, property seized pursuant to this subsection may be
held only for evidence and [must be returned when]may be recovered by the owner within 1
year after it is no longer needed for that purpose. The Department shall, within 30 days
after the property is no longer needed, send a written notice to the owner of
the property that informs the owner of his right to recover the property.

3. A dwelling house may be searched only pursuant to a
warrant[.] or as otherwise provided by law.

Sec. 7. NRS 501.385 is hereby amended to read
as follows:

501.385 Except as otherwise provided by specific
statute:

1. Any person who:

(a) Performs an act or attempts to perform an act made
unlawful or prohibited by a provision of this title;

(b) Willfully fails to perform an act required of him
by a provision of this title;

(c) Obstructs, hinders, delays or otherwise interferes
with any officer, employee or agent of the Department [in] :

(1)
In the performance of any duty while enforcing or attempting to
enforce any provision of this title[;] or any regulation adopted pursuant thereto; or

(2)
While lawfully obtaining or attempting to obtain biological samples of
wildlife, hunting, fishing or trapping data, or any other biological data or
information relating to wildlife;

(d) Violates any order issued or regulation adopted by
the Commission under the provisions of this title; or

(e) Having been granted a privilege or been licensed or
permitted to do any act under the provisions of this title, exercises the
grant, license or permit in a manner other than as specified,

Κ is guilty of
a misdemeanor. An officer,
employee or agent of the Department may not obtain or attempt to obtain
biological samples of wildlife, hunting, fishing or trapping data, or any other
biological data or information relating to wildlife on private property without
the consent of the owner of the property.

2. Every person who is guilty of a misdemeanor under
this title shall be punished by a fine of not less than $50 nor more than $500,
or by imprisonment in the county jail for not more than 6 months, or by both
fine and imprisonment.

Sec. 8. NRS 501.3857 is hereby amended to
read as follows:

501.3857 Any gun, ammunition, trap, snare, vessel,
vehicle, aircraft or other device or equipment used, or intended for use:

1. To facilitate the unlawful and intentional killing
or possession of any big game mammal; [or]

2. To
hunt or kill a big game mammal by using information obtained as a result of the
commission of an act prohibited by NRS 503.010 or a regulation of the
Commission which prohibits the location of big game mammals for the purpose of
hunting or killing by the use of:

(a) An
aircraft, including, without limitation, any device that is used for navigation
of, or flight in, the air;

(b) A hot
air balloon or any other device that is lighter than air; or

(c) A
satellite or any other device that orbits the earth and is equipped to produce
images, or other similar devices; or

3. Knowingly
to transport, sell, receive, acquire or purchase any big game mammal which is
unlawfully killed or possessed,

Κ is subject
to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive.

Sec. 9. NRS 501.389 is hereby amended to read
as follows:

501.389 1. Except for property described in NRS
501.3857, equipment:

(a) Seized as evidence in accordance with NRS 501.375;
and

(b) Not recovered by the owner within 1 year [from
the date of seizure,] after it is no longer needed for evidentiary purposes,

(c) Donate
equipment that is not dangerous to children from low-income families who attend
fishing clinics sponsored by the Department; or

(d) Retain
the equipment for authorized use by the Department.

Κ All money
received from [such sales]the sale of equipment must be deposited with
the State Treasurer for credit to the Wildlife Account in the State General
Fund.

3. Any person of lawful age and lawfully entitled to
reside in the United States may purchase the equipment, whether a prior owner
or not.

Sec. 10. NRS 502.120 is hereby amended to
read as follows:

502.120 1. [Every]Each person required
to have a license or permit
as provided in this [chapter]title who, while [hunting, trapping or
fishing,]engaged
in any activity regulated by this title, refuses to exhibit the
license[,]or permit, any
wildlife which he may have in his possession, or any weapon, ammunition, device
or apparatus in his possession which may be used for [hunting, trapping or
fishing,]any
activity regulated by this title, upon the demand of any officer
authorized to enforce the fish and game laws of this State, is guilty of a
misdemeanor.

2. [Every]Each person required to have a license or permit as provided in
this chapter who, while [hunting, trapping or fishing,]engaged in any activity regulated by
this title, fails to have the license or permit in his possession is guilty of a
misdemeanor. A person charged with violating this subsection may not be
convicted if he produces in court a license or permit previously issued to him and valid
at the time of his arrest.

Sec. 11. NRS 503.010 is hereby amended to
read as follows:

503.010 1. Except as otherwise provided in this section or subsection
2 of NRS 503.005, it is unlawful to molest, rally, stir up or drive any game
mammals or game birds with an aircraft, helicopter or motor-driven vehicle,
including a [snowmobile,] motorboat or sailboat.

2. Except as otherwise provided in this subsection, it
is unlawful to shoot at any game mammals or game birds with a weapon from an
aircraft, helicopter or motor-driven vehicle . [, including a snowmobile.]
A person who is a paraplegic, has had one or both legs amputated or has
suffered a paralysis of one or both legs which severely impedes his walking may
shoot from a stopped motor vehicle which is not parked on the traveled portion
of a public highway, but he may not shoot from, over or across a highway or
road specified in NRS 503.175.

3. It is unlawful to spot or locate game mammals or
game birds with any kind of aircraft or helicopter and communicate [this]that information , within 24 hours after the aircraft or
helicopter has landed or in violation of a regulation of the Commission, by
any means to a person on the ground for the purpose of hunting or trapping. The provisions of this subsection do
not prohibit an employee or agent of the Department from providing general
information to the public concerning the location of game birds or game
mammals.

4. It is
unlawful to use any information obtained in violation of the provisions of
subsection 3 to hunt or kill game mammals or game birds.

5. It
is unlawful to use a helicopter to transport game, hunters or hunting
equipment, except when the cargo or passengers , or both , are loaded and unloaded at airports,
airplane landing fields or heliports, which have been established by a
department or agency of the Federal or State Government or by a county or
municipal government or when the loading or unloading is
done in the course of an emergency or search and rescue operation.

unloading is done in the course of an emergency or search and
rescue operation.

[5. For the purposes of]

6. The
provisions of subsection 1 do not apply to an employee or agent of the
Department who, while carrying out his duties, conducts a survey of wildlife
with the use of an aircraft.

7. As
used in this section, game bird does not include a raven even
if classified as a game bird pursuant to NRS 501.110.

Sec. 12. NRS 503.240 is hereby amended to
read as follows:

503.240 1. It is unlawful for any person to hunt , fish in nonnavigable waters
or [to] trap upon [or within any enclosed
grounds which are]land which is private property [and]where the person has been warned
by the owner or occupant of the property not to trespass in the manner
prescribed in NRS 207.200, or where signs are displayed[, as provided in NRS
207.200,] forbidding hunting , trapping or [shooting,]fishing without
permission obtained from the owner or [person in possession of
such enclosed grounds.] occupant of the private property.

2. Any person using [such]that private property
for hunting , fishing or
trapping [purposes] shall comply with the
provisions of NRS 207.220.

Sec. 13. NRS 503.620 is hereby amended to
read as follows:

503.620 Except as otherwise provided by this title[,]or a regulation adopted pursuant
thereto, it is unlawful for any person to hunt or [possess]take any dead or
alive birds, nests of birds or eggs of birds protected by that certain Act of
Congress commonly known and referred to as the Migratory Bird Treaty Act of
July 3, 1918, as amended, 16 U.S.C. §§ 703 et seq., or protected by [commission
regulation.]
a regulation of the Commission.

Sec. 14. NRS 504.390 is hereby amended to
read as follows:

504.390 1. As used in this section, unless the
context requires otherwise, guide means to assist another person in hunting
wild mammals or wild birds and fishing and includes the transporting of another
person or his equipment to hunting and fishing locations within a general
hunting and fishing area whether or not the guide determines the destination or
course of travel.

2. [Every]Each person who provides guide service for
compensation or provides guide service as an incidental service to customers of
any commercial enterprise, whether a direct fee is charged for the guide
service or not, must obtain a master guide license from the Department. Such a
license must not be issued to any person who has not reached 21 years of age.

3. [Each]Except as otherwise provided in this subsection, each person
who assists a person who is required to have a master guide license and acts as
a guide in the course of that activity must obtain a subguide license from the
Department. Such a license must not be issued to any person who has not reached
18 years of age. The provisions of
this subsection do not apply to a person who:

(a) Is
employed by or assists a person who holds a master guide license solely for the
purpose of cooking, cutting wood or caring for, grooming or saddling livestock;
or

(b) Holds
a master guide license which authorizes him to provide services for the same
species and in the same areas as the guide who employs him or requests his
assistance and has submitted to the Department a notarized statement which
indicates that he is employed by or
provides assistance to the guide.

or provides
assistance to the guide. The statement must be signed by both guides.

4. Fees for master guide and subguide licenses must be
as provided in NRS 502.240.

5. Any person who desires a master guide license must
apply for the license on a form prescribed and furnished by the Department. The
application must contain the social security number of the applicant and such
other information as the Commission may require by regulation. If that person
was not licensed as a master guide during the previous licensing year, his application
must be accompanied by a nonrefundable fee of $1,500.

6. Any person who desires a subguide license must
apply for the license on a form prescribed and furnished by the Department. If
that person was not licensed as a subguide during the previous licensing year,
his application must be accompanied by a nonrefundable fee of $50.

7. [If]It is unlawful for the holder of a master
guide license [operates with pack or riding animals, he shall also have a
grazing or special use permit if he operates]to operate in any area
where [such] a special use permit is required[.] without first obtaining a permit unless
he is employed by or providing assistance to a guide pursuant to subsection 3.

8. The holder of a master guide license shall maintain
records of the number of hunters and fishermen served, and any other
information which the Department may require concerning fish and game taken by
such persons. [Such]The information must be furnished to the
Department on request.

9. If any licensee under
this section, or person served by a licensee, is convicted of a violation of
any provision of this title or chapter 488 of NRS, the Commission may revoke
the license of the licensee and may refuse issuance of another license to the
licensee for a period not to exceed 5 years.

10. The Commission may adopt regulations covering the
conduct and operation of a guide service.

11. The Department may issue master guide and subguide
licenses [to be]that are valid only in certain [districts]management areas, management units
or administrative regions in such a manner as may be determined
by the regulations of the Commission.

Sec. 15. NRS 504.390 is hereby amended to
read as follows:

504.390 1. As used in this section, unless the
context requires otherwise, guide means to assist another person in hunting
wild mammals or wild birds and fishing and includes the transporting of another
person or his equipment to hunting and fishing locations within a general
hunting and fishing area whether or not the guide determines the destination or
course of travel.

2. [Every]Each person who provides guide service for
compensation or provides guide service as an incidental service to customers of
any commercial enterprise, whether a direct fee is charged for the guide service
or not, must obtain a master guide license from the Department. Such a license
must not be issued to any person who has not reached 21 years of age.

3. [Each]Except as otherwise provided in this subsection, each person
who assists a person who is required to have a master guide license and acts as
a guide in the course of that activity must obtain a subguide license from the
Department. Such a license must not be issued to any person who has not reached 18 years of age.

reached 18 years of age. The provisions of this subsection do not apply to a person
who:

(a) Is
employed by or assists a person who holds a master guide license solely for the
purpose of cooking, cutting wood or caring for, grooming or saddling livestock;
or

(b) Holds
a master guide license which authorizes him to provide services for the same
species and in the same areas as the guide who employs him or requests his
assistance and has submitted to the Department a notarized statement which
indicates that he is employed by or provides assistance to the guide. The
statement must be signed by both guides.

4. Fees for master guide and subguide licenses must be
as provided in NRS 502.240.

5. Any person who desires a master guide license must
apply for the license on a form prescribed and furnished by the Department. The
application must contain such information as the Commission may require by regulation.
If that person was not licensed as a master guide during the previous licensing
year, his application must be accompanied by a nonrefundable fee of $1,500.

6. Any person who desires a subguide license must
apply for the license on a form prescribed and furnished by the Department. If
that person was not licensed as a subguide during the previous licensing year,
his application must be accompanied by a nonrefundable fee of $50.

7. [If]It is unlawful for the holder of a master
guide license [operates with pack or riding animals, he shall also have a
grazing or special use permit if he operates]to operate in any area
where [such] a special use permit is required[.] without first obtaining a permit unless
he is employed by or providing assistance to a guide pursuant to subsection 3.

8. The holder of a master guide license shall maintain
records of the number of hunters and fishermen served, and any other
information which the Department may require concerning fish and game taken by
such persons. [Such]The information must be furnished to the
Department on request.

9. If any licensee under
this section, or person served by a licensee, is convicted of a violation of
any provision of this title or chapter 488 of NRS, the Commission may revoke
the license of the licensee and may refuse issuance of another license to the
licensee for a period not to exceed 5 years.

10. The Commission may adopt regulations covering the
conduct and operation of a guide service.

11. The Department may issue master guide and subguide
licenses [to be]that are valid only in certain [districts]management areas, management units
or administrative regions in such a manner as may be determined
by the regulations of the Commission.

Sec. 16. 1. This section and sections 1 to 14,
inclusive, of this act become effective on October 1, 2005.

2. Section 14 of this act expires by limitation on the date
on which the provisions of 42 U.S.C. § 666 requiring each state to establish
procedures under which the state has authority to withhold or suspend, or to
restrict the use of professional, occupational and recreational licenses of
persons who:

(a) Have failed to comply with a subpoena or warrant
relating to a proceeding to determine the paternity of a child or to establish
or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or
more children,

Κ are repealed by
the Congress of the United States.

3. Section 15 of this act becomes effective on the date on
which the provisions of 42 U.S.C. § 666 requiring each state to establish
procedures under which the state has authority to withhold or suspend, or to
restrict the use of professional, occupational and recreational licenses of
persons who:

(a) Have failed to comply with a subpoena or warrant
relating to a proceeding to determine the paternity of a child or to establish
or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or
more children,

AN ACT relating to
industrial insurance; providing for a payment of additional compensation to
certain claimants and dependents of claimants who are entitled to receive
compensation for a permanent total disability under industrial insurance; and
providing other matters properly relating thereto.

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
616A.430 is hereby amended to read as follows:

616A.430 1. There is hereby established in the State
Treasury the Uninsured Employers Claim Account in the Fund for Workers
Compensation and Safety, which may be used only for the purpose of making
payments in accordance with the provisions of NRS 616C.220 [and 617.401.], 617.401 and section 2 of this
act. The Administrator shall administer the Account and shall
credit any excess money toward the assessments of the insurers for the
succeeding years.

2. All assessments, penalties, bonds, securities and
all other properties received, collected or acquired by the Administrator for
the Uninsured Employers Claim Account must be delivered to the custody of the
State Treasurer.

3. All money and securities in the Account must be
held by the State Treasurer as custodian thereof to be used solely for workers
compensation.

4. The State Treasurer may disburse money from the
Account only upon written order of the State Controller.

5. The State Treasurer shall invest money of the
Account in the same manner and in the same securities in which he is authorized
to invest money of the State General Fund. Income realized from the investment
of the assets of the Account must be credited to the Account.

6. The Administrator shall assess each insurer,
including each employer who provides accident benefits for injured employees
pursuant to NRS 616C.265, an amount to be deposited in the Uninsured Employers
Claim Account.

Account. To establish the amount of the assessment, the
Administrator shall determine the amount of money necessary to maintain an
appropriate balance in the Account for each fiscal year and shall allocate a
portion of that amount to be payable by private carriers, a portion to be
payable by self-insured employers, a portion to be payable by associations of
self-insured public or private employers and a portion to be payable by the employers
who provide accident benefits pursuant to NRS 616C.265, based upon the expected
annual expenditures for claims of each group of insurers. After allocating the
amounts payable, the Administrator shall apply an assessment rate to the:

(a) Private carriers that reflects the relative hazard
of the employments covered by the private carriers, results in an equitable
distribution of costs among the private carriers and is based upon expected
annual premiums to be received;

(b) Self-insured employers that results in an equitable
distribution of costs among the self-insured employers and is based upon
expected annual expenditures for claims;

(c) Associations of self-insured public or private
employers that results in an equitable distribution of costs among the
associations of self-insured public or private employers and is based upon
expected annual expenditures for claims; and

(d) Employers who provide accident benefits pursuant to
NRS 616C.265 that reflects the relative hazard of the employments covered by
those employers, results in an equitable distribution of costs among the
employers and is based upon expected annual expenditures for claims.

Κ The
Administrator shall adopt regulations for the establishment and administration
of the assessment rates, payments and any penalties that the Administrator
determines are necessary to carry out the provisions of this subsection. As
used in this subsection, the term group of insurers includes the group of
employers who provide accident benefits for injured employees pursuant to NRS
616C.265.

7. The Commissioner shall
assign an actuary to review the establishment of assessment rates. The rates
must be filed with the Commissioner 30 days before their effective date. Any
insurer who wishes to appeal the rate so filed must do so pursuant to NRS
679B.310.

Sec. 2.Chapter
616C of NRS is hereby amended by adding thereto a new section to read as
follows:

1. If a claimant or a dependent of a claimant is entitled
to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for
a permanent total disability and the claimant or dependent is not entitled to
an annual increase in that compensation pursuant to NRS 616C.473, the claimant
or dependent is entitled to an annual payment for that permanent total
disability in an amount determined by the Administrator pursuant to subsection
3, but such annual payments may not exceed $1,200 per claimant or dependent.
The total payments made pursuant to this section may not exceed $500,000 per
year.

2. Each year the Administrator shall withdraw from
the Uninsured Employers Claim Account established pursuant to NRS 616A.430 an
amount of the income realized from the investment of the assets in the Account
that is necessary to fund the payments calculated pursuant to subsection 3.

3. The
Administrator shall adopt regulations establishing a method for the equitable
distribution of the money withdrawn from the Account pursuant to subsection 2.

pursuant to
subsection 2. The regulations must provide for payments that result in the
largest proportional share of the money being paid to claimants and dependents
who receive the lowest amount of compensation pursuant to chapters 616A to 617,
inclusive, of NRS for the permanent total disability. The Administrator may
adopt any other regulations that are necessary to carry out the provisions of
this section.

4. The
Administrator shall make the payment required by this section to each claimant
and dependent of the claimant who is entitled to the payment not later than
October 1 of each year. Any payment received by the claimant or dependent of
the claimant pursuant to this section is in addition to any compensation to
which the claimant or dependent of the claimant is otherwise entitled by law.

Sec. 3. Notwithstanding the provisions of subsection
4 of section 2 of this act, the Administrator shall make the first payment
required by section 2 of this act to each claimant and dependant of the
claimant who is entitled to the payment not later than December 31, 2005.

Sec. 4. This act becomes effective on July 1, 2005.

________

CHAPTER 351, AB 369

Assembly Bill No. 369Assemblywoman Giunchigliani

CHAPTER 351

AN ACT relating to
children; authorizing an agency which provides child welfare services to file a
petition for the court-ordered admission to certain facilities of a child who
is alleged to be an emotionally disturbed child and who is in the custody of
the agency; requiring a court which is hearing such a petition to place the
child in a less restrictive environment under certain circumstances;
establishing a maximum period of days for which such children may be ordered by
a court to be admitted to certain facilities; establishing certain rights for
such children who are admitted to certain facilities; establishing procedures
for the conditional and unconditional release of such children under certain
circumstances; and providing other matters properly relating thereto.

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
432B of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 17, inclusive, of this act.

Sec. 2. As
used in sections 2 to 17, inclusive, of this act, unless the context otherwise
requires, the words and terms defined in sections 3 to 6, inclusive, of this
act have the meanings ascribed to them in those sections.

Sec. 3. Emotionally
disturbed child has the meaning ascribed to it in NRS 433B.080.

Sec. 4. Facility
means a psychiatric hospital or facility which provides residential treatment
for mental illness that has a unit in the hospital or facility capable of being
locked to prevent an emotionally disturbed child from leaving the hospital or
facility.

Sec. 5. Person
professionally qualified in the field of psychiatric mental health has the
meaning ascribed to it in NRS 433A.018.

Sec. 6. Treatment
has the meaning ascribed to it in NRS 433.224.

Sec. 7. A proceeding for a court-ordered
admission of a child alleged to be an emotionally disturbed child who is in the
custody of an agency which provides child welfare services to a facility may be
commenced by the filing of a petition with the clerk of the court which has
jurisdiction in proceedings concerning the child. The petition may be filed by
the agency which provides child welfare services without the consent of a
parent of the child. The petition must be accompanied:

1. By a certificate of a physician, psychiatrist or
licensed psychologist stating that he has examined the child alleged to be
emotionally disturbed and has concluded that the child is emotionally disturbed
and, because of that condition is likely to harm himself or others if allowed
his liberty; or

2. By a sworn written statement by the petitioner
that:

(a) The petitioner has, based upon his personal
observation of the child alleged to be emotionally disturbed, probable cause to
believe that the child is emotionally disturbed and, because of that condition
is likely to harm himself or others if allowed his liberty; and

(b) The child alleged to be emotionally disturbed has
refused to submit to examination or treatment by a physician, psychiatrist or
licensed psychologist.

Sec. 8. 1. Except as otherwise provided in section 9 of this act,
if the court finds, after proceedings for the court-ordered admission of a
child alleged to be an emotionally disturbed child who is in the custody of an
agency which provides child welfare services to a facility:

(a) That there is not clear and convincing evidence
that the child with respect to whom the hearing was held exhibits observable
behavior such that he is likely to harm himself or others if allowed his
liberty, the court shall enter its finding to that effect and the child must
not be admitted to a facility.

(b) That there is clear and convincing evidence that
the child with respect to whom the hearing was held is in need of treatment in
a facility and is likely to harm himself or others if allowed his liberty, the
court may order the admission of the child for the most appropriate course of
treatment. The order of the court must be interlocutory and must not become
final if, within 30 days after the admission, the child is unconditionally
released from the facility pursuant to section 16 of this act.

2. Before issuing an order for admission or a renewal
thereof, the court shall explore other alternative courses of treatment within
the least restrictive appropriate environment as suggested by the evaluation
team who evaluated the child, or other persons professionally qualified in the
field of psychiatric mental health, which, the court believes may be in the
best interests of the child.

Sec. 9. 1. An agency which provides child
welfare services shall not place a child who is in the custody of the agency in
a facility, other than under an emergency admission, unless the agency has
petitioned the court for the court-ordered admission of the child to a facility
pursuant to section 7 of this act.

2. If a petition for the court-ordered admission of a
child filed pursuant to section 7 of this act is accompanied by the information described in subsection 2 of section 7 of this act, the court
shall order a psychological evaluation of the child.

described in subsection 2 of section 7 of this act, the
court shall order a psychological evaluation of the child.

3. If a court which receives a petition filed pursuant
to section 7 of this act for the court-ordered admission to a facility of a
child who is in the custody of an agency which provides child welfare services
determines pursuant to subsection 2 of section 8 of this act that the child
could be treated effectively in a less restrictive appropriate environment than
a facility, the court must order the placement of the child in a less
restrictive appropriate environment. In making such a determination, the court
may consider any information provided to the court, including, without
limitation:

(a) Any information provided pursuant to subsection 4;

(b) Any suggestions of psychologists, psychiatrists or
other physicians who have evaluated the child concerning the appropriate
environment for the child; and

(c) Any
suggestions of licensed clinical social workers or other professionals or any
adult caretakers who have interacted with the child and have information
concerning the appropriate environment for the child.

4. If a
petition for the court-ordered admission of a child who is in the custody of an
agency which provides child welfare services is filed pursuant to section 7 of
this act:

(a) Any person,
including, without limitation, the child, may oppose the petition for the
court-ordered admission of the child by filing a written opposition with the
court; and

(b) The agency
which provides child welfare services must present information to the court
concerning whether:

(1) A
facility is the appropriate environment to provide treatment to the child; or

(2) A
less restrictive appropriate environment would serve the needs of the child.

Sec. 10. 1. Not later than 5 days after a child
who is in the custody of an agency which provides child welfare services has
been admitted to a facility pursuant to section 8 of this act, the agency which
provides child welfare services shall inform the child of his legal rights and
the provisions of NRS 433.456 to 433.543, inclusive, and 433.545 to 433.551,
inclusive, and chapters 433A and 433B of NRS and sections 2 to 17, inclusive,
of this act and, if the child or the childs attorney desires, assist the child
in requesting the court to authorize a second examination by an evaluation team
that includes a physician, psychiatrist or licensed psychologist other than a physician,
psychiatrist or licensed psychologist who performed an original examination
which authorized the court to order the admission of the child to the facility.

2. If the
court authorizes a second examination of the child, the examination must:

(a) Include,
without limitation, an evaluation concerning whether the child should remain in
the facility and a recommendation concerning the appropriate placement of the
child which must be provided to the facility; and

(b) Be paid for
by the governmental entity that is responsible for the agency which provides
child welfare services, if such payment is not otherwise provided by the State
Plan for Medicaid.

Sec. 11. In determining pursuant to sections 8 and 12 of this act whether to issue
or renew an order for the admission of a child who is in the custody of an
agency which provides child welfare services to a facility, the court shall
consider:

1. The reports
of any examinations or evaluations of a child by any psychologist, psychiatrist
or other physician;

2. Any
information concerning the child provided to the court by a licensed clinical
social worker or other professional or any adult caretaker who is knowledgeable
about the child or a guardian ad litem appointed for the child pursuant to NRS
432B.500;

3. The wishes
of the child concerning his care, treatment and training and placement in a
facility;

4. The best
interests of the child, including, without limitation, whether the court
believes the child might experience any psychological trauma from court-ordered
admission;

5. Any
alternative care, treatment or training options; and

6. Any other
information the court deems relevant concerning the child.

Sec. 12. 1. If the court issues an order for the admission to a facility of a
child who is in the custody of an agency which provides child welfare services
pursuant to section 8 of this act, the admission automatically expires at the
end of 90 days if not terminated previously by the facility as provided for in
subsection 2 of section 16 of this act.

2. At the end
of the court-ordered period of treatment, the agency which provides child
welfare services, the Division of Child and Family Services or any facility may
petition to renew the admission of the child for additional periods not to
exceed 60 days each.

3. For each
renewal, the petition must set forth the specific reasons why further treatment
in the facility would be in the best interests of the child.

Sec. 13. A facility which provides care, treatment or training to a child who is
in the custody of an agency which provides child welfare services and who is
admitted to the facility pursuant to section 8 of this act shall develop a
plan, in consultation with the child, for the continued care, treatment and
training of the child upon discharge from the facility. The plan must:

1. Be
developed not later than 5 days after the child is admitted to the facility;

2. Be
submitted to the court after each period of admission ordered by the court
pursuant to section 8 of this act in the manner set forth in section 12 of this
act; and

3. Include,
without limitation:

(a) The
anticipated date of discharge of the child from the facility;

(b) The
criteria which must be satisfied before the child is discharged from the
facility, as determined by the medical professional responsible for the care,
treatment and training of the child in the facility;

(c) The name of
any psychiatrist or psychologist who will provide care, treatment or training
to the child after the child is discharged from the facility, if appropriate;

(d) A plan for
any appropriate care, treatment or training for the child for at least 30 days
after the child is discharged from the facility; and

(e) The
suggested placement of the child after the child is discharged from the
facility.

Sec. 14. In addition to the personal rights set forth in NRS 433.456 to 433.543,
inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of NRS
and sections 2 to 17, inclusive, of this act, a child who is in the custody of
an agency which provides child welfare services and who is admitted to a
facility has the following personal rights, a list of which must be prominently
posted in all facilities providing evaluation, treatment or training services
to such children and must be otherwise brought to the attention of the child by
such additional means as prescribed by regulation:

1. To receive
an education as required by law; and

2. To receive
an allowance from the agency which provides child welfare services in an amount
equivalent to any allowance required to be provided to children who reside in
foster homes.

Sec. 15. 1. Except as otherwise provided in
subsection 3, any child who is admitted to a facility by a court pursuant to
section 8 of this act may be conditionally released from the facility when, in
the judgment of the medical director of the facility, the conditional release
is in the best interest of the child and will not be detrimental to the public
welfare. The medical director or his designee of the facility shall prescribe
the period for which the conditional release is effective. The period must not
extend beyond the last day of the court-ordered period of treatment specified
pursuant to section 12 of this act.

2. When a child is conditionally released pursuant to
subsection 1, the State or a county, or any of its agents or employees, are not
liable for any debts or contractual obligations, medical or otherwise, incurred
or damages caused by the actions of the child.

3. A child who was admitted by a court because he was
likely to harm others if allowed to remain at liberty may be conditionally
released only if, at the time of the release, written notice is given to the
court which admitted him and to the attorney of the agency which provides child
welfare services that initiated the proceedings for admission.

4. Except as otherwise provided in subsection 6, the
administrative officer of a facility or his designee shall order a child who is
conditionally released from that facility pursuant to this section to return to
the facility if a psychiatrist and a member of that childs treatment team who
is professionally qualified in the field of psychiatric mental health determine
that the conditional release is no longer appropriate because that child
presents a clear and present danger of harm to himself or others. Except as
otherwise provided in this subsection, the administrative officer or his
designee shall, at least 3 days before the issuance of the order to return,
give written notice of the order to the court that admitted the child to the
facility. If an emergency exists in which the child presents an imminent threat
of danger of harm to himself or others, the order must be submitted to the
court not later than 1 business day after the order is issued.

5. The court shall review an order submitted pursuant
to subsection 4 and the current condition of the child who was ordered to
return to the facility at its next regularly scheduled hearing for the review
of petitions for court-ordered admissions, but in no event later than 5
judicial days after the child is returned to the facility. The administrative
officer or his designee shall give written notice to the agency which provides
child welfare services, the child who was ordered to return to the facility and
to the childs attorney of the time, date
and place of the hearing and of the facts necessitating that childs return to
the facility.

the childs attorney of the time, date and place of the
hearing and of the facts necessitating that childs return to the facility.

6. The provisions of subsection 4 do not apply if the
period of conditional release has expired.

Sec. 16. 1. When a child who is admitted to a
facility by a court pursuant to section 8 of this act is released at the end of
the court-ordered period of treatment specified pursuant to section 12 of this
act, written notice must be given to the admitting court at least 10 days
before the release of the child. The child may then be released without
requiring further orders of the court.

2. A child who is admitted to a facility by a court
pursuant to section 8 of this act may be unconditionally released before the
court-ordered period of treatment specified in section 12 of this act when:

(a) An evaluation team, including, without limitation,
an evaluation team that conducts an examination pursuant to section 10 of this
act, or two persons professionally qualified in the field of psychiatric mental
health, at least one of them being a physician, determines that the child has
recovered from his emotional disturbance or has improved to such an extent that
he is no longer considered to present a clear and present danger of harm to
himself or others; and

(b) Under
advisement from the evaluation team or two persons professionally qualified in
the field of psychiatric mental health, at least one of them being a physician,
the medical director of the facility authorizes the release and gives written
notice to the admitting court at least 10 days before the release of the child.

Sec. 17. 1. Nothing in this chapter purports to deprive any person of any legal
rights without due process of law.

2. Unless the
context clearly indicates otherwise, the provisions of NRS 433.456 to 433.543,
inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of NRS
and sections 2 to 17, inclusive, of this act apply to all children who are in the
custody of an agency which provides child welfare services.

Sec. 18. NRS 433A.200 is
hereby amended to read as follows:

433A.200 1. [A]Except as otherwise provided in section
7 of this act, a proceeding for an involuntary court-ordered
admission of any person in the State of Nevada may be commenced by the filing
of a petition with the clerk of the district court of the county where the
person who is to be treated resides. The petition may be filed by the spouse,
parent, adult children or legal guardian of the person to be treated or by any
physician, psychologist, social worker or registered nurse, by an accredited
agent of the Department or by any officer authorized to make arrests in the
State of Nevada. The petition must be accompanied:

(a) By a certificate of a physician, psychiatrist or
licensed psychologist stating that he has examined the person alleged to be
mentally ill and has concluded that the person is a mentally ill person and,
because of that illness is likely to harm himself or others if allowed his
liberty; or

(b) By a sworn written statement by the petitioner
that:

(1) The petitioner has, based upon his personal
observation of the person alleged to be mentally ill, probable cause to believe
that the person is a mentally ill person and, because of that illness is likely
to harm himself or others if allowed his liberty; and

(2) The person alleged to be mentally ill has
refused to submit to examination or treatment by a physician, psychiatrist or
licensed psychologist.

2. [If]Except as otherwise provided in section 7 of this act, if the
person to be treated is a minor and the petitioner is a person other than a
parent or guardian of the minor, the petition must, in addition to the
certificate or statement required by subsection 1, include a statement signed
by a parent or guardian of the minor that the parent or guardian does not
object to the filing of the petition.

Sec. 19. NRS 433A.310 is hereby amended to
read as follows:

433A.310 1. [If]Except as otherwise provided in sections
8 and 9 of this act, if the district court finds, after
proceedings for the involuntary court-ordered admission of a person to a public
or private mental health facility:

(a) That there is not clear and convincing evidence
that the person with respect to whom the hearing was held is a mentally ill
person or exhibits observable behavior such that he is likely to harm himself
or others if allowed his liberty, the court shall enter its finding to that
effect and the person must not be involuntarily detained in such a facility.

(b) That there is clear and convincing evidence that
the person with respect to whom the hearing was held is a mentally ill person
and, because of that illness, is likely to harm himself or others if allowed
his liberty, the court may order the involuntary admission of the person for
the most appropriate course of treatment. The order of the court must be
interlocutory and must not become final if, within 30 days after the
involuntary admission, the person is unconditionally released pursuant to NRS
433A.390.

2. [An]Except as otherwise provided in section 12 of this act, an involuntary
admission pursuant to paragraph (b) of subsection 1 automatically expires at
the end of 6 months if not terminated previously by the medical director of the
public or private mental health facility as provided for in subsection 2 of NRS
433A.390. [At]Except as otherwise provided in section 12 of this act, at the
end of the court-ordered period of treatment, the Division or any mental health
facility that is not operated by the Division may petition to renew the
detention of the person for additional periods not to exceed 6 months each. For
each renewal, the petition must set forth to the court specific reasons why
further treatment would be in the persons own best interests.

3. Before issuing an order for involuntary admission
or a renewal thereof, the court shall explore other alternative courses of
treatment within the least restrictive appropriate environment as suggested by
the evaluation team who evaluated the person, or other persons professionally
qualified in the field of psychiatric mental health, which the court believes
may be in the best interests of the person.

AN ACT relating to
intoxicating liquors; revising various provisions governing the sale and
disposition of intoxicating liquor; prohibiting the sale, purchase, possession
or use of an alcohol vaporizing device; prohibiting the use of the brand name
of any alcoholic beverage in an advertisement or other promotion of an alcohol
vaporizing device; providing penalties; and providing other matters properly
relating thereto.

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 369 of NRS is hereby amended by
adding thereto a new section to read as follows:

Except as otherwise provided in NRS 369.386 and 369.415, a
supplier shall not engage in the business of importing, wholesaling or
retailing alcoholic beverages in this State.

Sec. 2. NRS 369.111 is hereby
amended to read as follows:

369.111 As used in this chapter, supplier
means, with respect to liquor which is brewed, distilled, fermented,
manufactured, rectified, produced
or bottled:

1. Outside the United States:

(a) The brewer, distiller, manufacturer, producer, rectifier, vintner or
bottler of the liquor, or his designated agent; or

(b) The owner of the liquor when it is first
transported into any area under the jurisdiction of the United States
Government, if the brewer, distiller, manufacturer, rectifier, producer, vintner or bottler of the
liquor, or a designated agent of such a person, has not designated an importer
to import the liquor into this State; [or]

2. Within the United States but outside this State,
the brewer, distiller, manufacturer, rectifier, producer, vintner or bottler of the
liquor, or his designated agent [.] ; or

3. Within
this State, the distiller, manufacturer, rectifier, producer or bottler of the
liquor or his designated agent.

Sec. 3. NRS 369.386 is hereby amended to read
as follows:

369.3861. Except as otherwise provided in NRS
369.464, a supplier of liquor may sell to an importer [into]or wholesaler in this
State only if:

(a) Their commercial relationship is of definite
duration or continuing indefinite duration; and

(b) The importer is granted the right to offer, sell
and distribute within this State or any designated area thereof such of the
suppliers brands of packaged malt beverages, distilled spirits and wines, or
all of them, as may be specified.

2. The supplier shall file with the Department a
written notice indicating the name and address of each designated importer.
Each importer shall file with the Department a written acceptance of the
designation.

3. A brewer, distiller, manufacturer, producer,
vintner or bottler of liquor who designates an agent to sell his products to
importers into this State shall file with the Department a written designation
indicating the name and address of the agent, and the agent shall file with the
Department a written acceptance of the designation.

Sec. 4. NRS 369.430 is hereby amended to read
as follows:

369.4301. By regulation, the Department shall
prescribe the form of application for and the form of a certificate of
compliance, which must be printed and distributed to exporters of liquor into
this State to assist them in legally exporting liquor into this State.

2. An intending importer may not legally receive or
accept any shipment of liquor except from a holder of a certificate of
compliance.

3. Before
a person may engage in business as a supplier, he must obtain a certificate of
compliance from the Department.

4. The
Department shall grant a certificate of compliance to any out-of-state vendor
of liquors who undertakes in writing:

(a) To furnish the Department on or before the 10th day
of each month a report under oath showing the quantity and type of liquor sold
and shipped by the vendor to each licensed importer of liquor in Nevada during
the preceding month;

(b) That he and all his agents and any other agencies
controlled by him will comply faithfully with all laws of this State and all
regulations of the Department respecting the exporting of liquor into this
State;

(c) That he will make available for inspection and
copying by the Department any books, documents and records, whether within or
outside this State, which are pertinent to his activities or the activities of
his agents or any other agencies controlled by him within this State and which
relate to the sale and distribution of his liquors within this State; and

(d) That he will appoint a resident of this State as
his agent for service of process or any notice which may be issued by the
Department.

[4.]5. If any holder of a certificate of
compliance fails to keep any undertaking or condition made or imposed in
connection therewith, the Department may suspend the certificate and conduct a
hearing, giving the holder thereof a reasonable opportunity to appear and be
heard on the question of vacating the suspension order or order finally
revoking the certificate.

[5.]6. An applicant for a certificate of
compliance must pay a fee of $50 to the Department for the certificate. On or
before July 1 of each year, the certificate holder must renew the certificate
by satisfying the conditions of the original certificate and paying a fee of
$50 to the Department.

Sec. 5. Chapter 202 of NRS is hereby amended by
adding thereto a new section to read as follows:

1. A
person shall not:

(a) Sell
or offer for sale, purchase, possess or use an alcohol vaporizing device; or

(b) Use
the brand name of any alcoholic beverage in an advertisement or other promotion
of an alcohol vaporizing device.

2. A
person who violates any provision of subsection 1 is guilty of a misdemeanor.

(a) Alcohol
vaporizing device means a machine or other device which mixes liquor with pure
oxygen or any other gas to produce a vaporized product which is consumed by
inhalation.

(b) Liquor
has the meaning ascribed to it in NRS 369.040.

Sec. 6. NRS 202.015 is hereby amended to read
as follows:

202.015 For the purposes of NRS 202.015 to 202.065,
inclusive, and section 5 of this
act, alcoholic beverage means:

1. Beer, ale, porter, stout and other similar fermented
beverages, including sake and similar products, of any name or description
containing one-half of 1 percent or more alcohol by volume, brewed or produced
from malt, wholly or in part, or from any substitute therefor.

2. Any beverage obtained by the fermentation of the
natural content of fruits or other agricultural products containing sugar, of
not less than one-half of 1 percent of alcohol by volume.

3. Any distilled spirits commonly referred to as ethyl
alcohol, ethanol or spirits of wine in any form, including all dilutions and
mixtures thereof from whatever process produced.

Sec. 7.NRS 597.200 is hereby amended
to read as follows:

597.200As used in NRS 597.210 to 597.250,
inclusive, unless the context otherwise requires:

1. Alcoholic beverage means any malt beverage or
spirituous, vinous or malt liquor which contains 1 percent or more ethyl
alcohol by volume.

2. Brew pub means an establishment which
manufactures malt beverages and sells those malt beverages at retail pursuant
to the provisions of NRS 597.230.

3. Engage in includes participation in a business as
an owner or partner, or through a subsidiary, affiliate, ownership equity or in
any other manner.

4. Malt beverage means beer, ale, porter, stout and
other similar fermented beverages of any name or description, brewed or
produced from malt, wholly or in part.

5. Supplier
has the meaning ascribed to it in NRS 597.140.

Sec. 8. NRS 597.210 is hereby amended to read
as follows:

597.2101. Except as otherwise provided in NRS
597.240, a person engaged in business
as a supplier or engaged in the business of manufacturing,
blending or bottling alcoholic beverages within or without this State shall not engage
in the business of importing, wholesaling or retailing alcoholic beverages .[by investment, loan or
extension of credit in excess of normal terms prevalent in the industry, unless
he was so engaged on or before May 1, 1975, and then only to the extent so
engaged.]

2. This section does not:

(a) Preclude any person engaged in the business of
importing, wholesaling or retailing alcoholic beverages from owning less than 2
percent of the outstanding ownership equity in any organization which
manufactures, blends or bottles alcoholic beverages.

(b) Prohibit a person from operating a brew pub
pursuant to NRS 597.230.

(c) Prohibit
a person engaged in the business of rectifying or bottling alcoholic beverages
from importing neutral or distilled spirits in bulk only for the express
purpose of rectification pursuant to NRS 369.415.

AN ACT relating to
public health; establishing a program for the provision of prescription drugs
and pharmaceutical services for certain persons with disabilities; changing the
portion of the money in the Fund for a Healthy Nevada that may be used to pay
certain administrative costs incurred by the Department of Human Resources;
making various changes concerning the allocation of the money in the Fund for a
Healthy Nevada; requiring the Department to coordinate the provision of
prescription drugs and pharmaceutical services by state programs that provide
pharmaceutical or medical assistance to certain Medicare pharmaceutical
benefits; repealing the requirement that the Department apply to the Federal Government
to establish programs to extend coverage for prescription drugs and other
related services for certain persons; and providing other matters properly
relating thereto.

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
439 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 11, inclusive, of this act.

Sec. 2. As
used in sections 2 to 11, inclusive, of this act, unless the context otherwise
requires, the words and terms defined in sections 3 and 4 of this act have the
meanings ascribed to them in those sections.

Sec. 3. Household
income has the meaning ascribed to it in NRS 427A.480.

Sec. 4. Income
has the meaning ascribed to it in NRS 427A.485.

Sec. 5. The
Department is responsible for the administration of the provisions of sections
2 to 11, inclusive, of this act and may:

1. Prescribe
the content and form of a request for a subsidy required to be submitted pursuant
to section 7 of this act.

2. Designate
the proof that must be submitted with such a request.

3. Adopt
regulations to protect the confidentiality of information supplied by a person
with a disability requesting a subsidy pursuant to section 7 of this act.

4. Adopt such
other regulations as may be required to carry out the provisions of sections 2
to 11, inclusive, of
this act.

Sec. 6. 1.
The Department may:

(a) Enter into
contracts with private insurers who transact health insurance in this State to
subsidize the cost of prescription drugs and pharmaceutical services for
persons with disabilities by arranging for the availability, at a reasonable
cost, of policies of health insurance that provide coverage to persons with
disabilities for prescription drugs and pharmaceutical services; or

(b) Subsidize
the cost of prescription drugs and pharmaceutical services for persons with
disabilities in any other manner.

2. Within the
limits of the money available for this purpose in the Fund for a Healthy
Nevada, a person with a disability who is not eligible for Medicaid and who is
eligible for a subsidy for the cost of prescription drugs and pharmaceutical
services that is made available pursuant to subsection 1 is entitled to an
annual grant from the Fund to subsidize the cost of prescription drugs and
pharmaceutical services, if he has been domiciled in this State for at least 1
year immediately preceding the date of his application and:

(a) If the
person with a disability is single, his income is not over $21,500; or

(b) If the
person with a disability is married, his household income is not over $28,660.

Κ The monetary amounts set forth in
this subsection must be adjusted for each fiscal year by adding to each amount
the product of the amount shown multiplied by the percentage increase in the
Consumer Price Index from December 2002 to the December preceding the fiscal
year for which the adjustment is calculated.

3. The subsidy
granted pursuant to this section must not exceed the annual cost of
prescription drugs and pharmaceutical services provided to the person with a
disability.

4. A subsidy
that is made available pursuant to subsection 1 must provide for:

(a) A copayment
of not more than $10 per prescription drug or pharmaceutical service that is
generic as set forth in the formulary of the insurer or as set forth by the
Department; and

(b) A copayment
of not more than $25 per prescription drug or pharmaceutical service that is
preferred as set forth in the formulary of the insurer or as set forth by the
Department.

5. The
Department may waive the eligibility requirement set forth in subsection 2
regarding household income upon written request of the applicant or enrollee
based on one or more of the following circumstances:

(a) Illness;

(b) Disability;
or

(c) Extreme
financial hardship, when considering the current financial circumstances of the
applicant or enrollee.

Κ An applicant or enrollee who
requests such a waiver shall include with that request all medical and
financial documents that support his request.

6. If the
Federal Government provides any coverage of prescription drugs and pharmaceutical
services for persons with disabilities who are eligible for a subsidy pursuant
to subsections 1 to 5, inclusive, the Department may, upon approval of the
Legislature, or the Interim Finance Committee if the Legislature is not in
session, change any program established pursuant to sections 2 to 11,
inclusive, of this act and otherwise provide assistance with prescription drugs
and pharmaceutical services for persons with disabilities within the limits of
the money available for this purpose in the Fund for a Healthy Nevada.

7. The
provisions of subsections 1 to 5, inclusive, do not apply if the Department
provides assistance with prescription drugs and pharmaceutical services for
persons with disabilities pursuant to subsection 6.

Sec. 7. 1.
A person with a disability who wishes to receive a subsidy pursuant to section
6 of this act must file a request therefor with the Department.

2. The request
must be made under oath and filed in such form and content, and accompanied by
such proof, as the Department may prescribe.

3. The
Department shall, within 45 days after receiving a request for a subsidy,
examine the request and grant or deny it.

4. The
Department shall determine which persons with disabilities are eligible to
receive a subsidy pursuant to section 6 of this act and, if the Department has
entered into a contract pursuant to section 6 of this act to provide the
subsidy, pay the subsidy directly to the person or entity with whom the
Department has entered into the contract.

Sec. 8. 1.
The Department shall deny any request for a subsidy received pursuant to
section 7 of this act to which the person with a disability is not entitled.

2. The
Department may deny in total any request which it finds to have been filed with
fraudulent intent. If any such request has been paid and is afterward denied,
the amount of the subsidy must be repaid by the person with a disability to the
Department.

3. Any amounts
received by the Department pursuant to this section must be deposited with the
State Treasurer for credit to the Fund for a Healthy Nevada.

Sec. 9. Any
person who is aggrieved by a decision of the Department denying a request for a
subsidy submitted pursuant to section 7 of this act is entitled to judicial
review thereof.

Sec. 10. Any subsidy granted pursuant to section 6 of this act to a person with a
disability who is not qualified for such a subsidy may be revoked by the
Department. If a subsidy is so revoked, the person with a disability shall make
restitution to the Department for any subsidy he has improperly received, and
the Department shall take all proper actions to collect the amount of the subsidy
as a debt.

Sec. 11. No person may publish, disclose or use any personal or confidential
information contained in a request for a subsidy submitted pursuant to section
7 of this act except for purposes relating to the administration of sections 2 to
11, inclusive, of this act.

Sec. 12. NRS 439.620 is hereby amended to
read as follows:

439.620 1. The Fund for a Healthy Nevada is hereby
created in the State Treasury. The State Treasurer shall deposit in the Fund:

(a)Fifty
percent of all money received by this State pursuant to any settlement entered
into by the State of Nevada and a manufacturer of tobacco products; and

(b)Fifty
percent of all money recovered by this State from a judgment in a civil action
against a manufacturer of tobacco products.

2.The
State Treasurer shall administer the Fund. As administrator of the Fund, the
State Treasurer:

(a)Shall
maintain the financial records of the Fund;

(b)Shall
invest the money in the Fund as the money in other state funds is invested;

(c)Shall
manage any account associated with the Fund;

(d)Shall
maintain any instruments that evidence investments made with the money in the
Fund;

(e)May
contract with vendors for any good or service that is necessary to carry out
the provisions of this section; and

(f)May
perform any other duties necessary to administer the Fund.

3.The
interest and income earned on the money in the Fund must, after deducting any
applicable charges, be credited to the Fund. All claims against the Fund must
be paid as other claims against the State are paid.

4. Upon receiving a request from the State Treasurer
or the Department for an allocation for administrative expenses from the Fund
pursuant to this section, the Task Force for the Fund for a Healthy Nevada
shall consider the request within 45 days after receipt of the request. If the
Task Force approves the amount requested for allocation, the Task Force shall
notify the State Treasurer of the allocation. If the Task Force does not
approve the requested allocation within 45 days after receipt of the request,
the State Treasurer or the Department, as applicable, may submit its request
for allocation to the Interim Finance Committee. Except as otherwise limited by
this subsection, the Interim Finance Committee may allocate all or part of the
money so requested. The annual allocation for administrative expenses from the
Fund, whether allocated by the Task Force or the Interim Finance Committee must
not exceed:

(a) Not more than 2 percent of the money in the Fund,
as calculated pursuant to this subsection, each year to pay the costs incurred
by the State Treasurer to administer the Fund; [and]

(b) Not more than [3]2.025 percent of the
money in the Fund, as calculated pursuant to this subsection, each year to pay
the costs incurred by the Department, including, without limitation, the Aging
Services Division of the Department, to carry out its duties set forth in NRS
439.625 [to 439.690, inclusive.]and 439.630;

(c) Not more than 1.5 percent of the money in the
Fund, as calculated pursuant to this subsection, each year to pay the costs
incurred by the Department to administer the provisions of NRS 439.635 to
439.690, inclusive; and

(d) Not
more than 0.125 percent of the money in the Fund, as calculated pursuant to
this subsection, each year to pay the costs incurred by the Department to
administer the provisions of sections 2 to 11, inclusive, of this act.

Κ For the
purposes of this subsection, the amount of money available for allocation to
pay for the administrative costs must be calculated at the beginning of each
fiscal year based on the total amount of money anticipated by the State
Treasurer to be deposited in the Fund during that fiscal year.

5.The
money in the Fund remains in the Fund and does not revert to the State General
Fund at the end of any fiscal year.

6.All
money that is deposited or paid into the Fund is hereby appropriated to the
Department and, except as otherwise provided in paragraphs (c), (d) and (h) of
subsection 1 of NRS 439.630, may only be expended pursuant to an allocation
made by the Task Force for the Fund for a Healthy Nevada. Money expended from
the Fund for a Healthy Nevada must not be used to supplant existing methods of
funding that are available to public agencies.

(4) Reduce or prevent the abuse of and addiction
to alcohol and drugs; and

(5) Offer other general or specific information
on health care in this State.

(b) Establish a process to evaluate the health and
health needs of the residents of this State and a system to rank the health
problems of the residents of this State, including, without limitation, the
specific health problems that are endemic to urban and rural communities.

(c) Reserve not more than 30 percent of all revenues
deposited in the Fund for a Healthy Nevada each year for direct expenditure by
the Department to pay for prescription drugs and pharmaceutical services for
senior citizens pursuant to NRS 439.635 to 439.690, inclusive .[, and to fund in whole or
in part any program established pursuant to NRS 422.274 or 422.2745.]
From the money reserved to the Department pursuant to this paragraph, the
Department may subsidize all of the cost of policies of health insurance that
provide coverage to senior citizens for prescription drugs and pharmaceutical
services pursuant to NRS 439.635 to 439.690, inclusive .[, and fund in whole or in
part any program established pursuant to NRS 422.274 or 422.2745.]
The Department shall consider recommendations from the Task Force for the Fund
for a Healthy Nevada in carrying out the provisions of NRS 439.635 to 439.690,
inclusive .[,
and administering any program established pursuant to NRS 422.274 or 422.2745.]
The Department shall submit a quarterly report to the Governor, the Task Force
for the Fund for a Healthy Nevada and the Interim Finance Committee regarding
the general manner in which expenditures have been made pursuant to this
paragraph and the status of the program.

(d) Reserve not more than 30 percent of all revenues
deposited in the Fund for a Healthy Nevada each year for allocation by the
Aging Services Division of the Department in the form of grants for existing or
new programs that assist senior citizens with independent living, including,
without limitation, programs that provide:

(1) Respite care or relief of family caretakers;

(2) Transportation to new or existing services
to assist senior citizens in living independently; and

(3) Care in the home which allows senior
citizens to remain at home instead of in institutional care.

Κ The Aging
Services Division of the Department shall consider recommendations from the
Task Force for the Fund for a Healthy Nevada concerning the independent living
needs of senior citizens.

(e) Allocate, by contract or grant, for expenditure not
more than 20 percent of all revenues deposited in the Fund for a Healthy Nevada
each year for programs that prevent, reduce or treat the use of tobacco and the
consequences of the use of tobacco.

(f) Allocate, by contract or grant, for expenditure not
more than 10 percent of all revenues deposited in the Fund for a Healthy Nevada
each year for programs that improve health services for children.

(g) Allocate, by contract or grant, for expenditure not
more than 7.5 percent of all revenues deposited in the Fund for a Healthy
Nevada each year for programs that improve the health and well-being of persons
with disabilities. In making allocations pursuant to this paragraph, the Task Force
shall, to the extent practicable, allocate the money evenly among the following
three types of programs:

(1) Programs that provide respite for persons
caring for persons with disabilities;

(2) Programs that provide positive behavioral
supports to persons with disabilities; and

(3) Programs that assist persons with
disabilities to live safely and independently in their communities outside of
an institutional setting.

(h) Reserve not more than 2.5 percent of all revenues
deposited in the Fund for a Healthy Nevada each year for direct expenditure by
the Department to [fund in whole or in part any program established pursuant to
NRS 422.2745.]subsidize any portion of the cost of providing prescription drugs and
pharmaceutical services to persons with disabilities pursuant to sections 2 to
11, inclusive, of this act. The Department shall consider
recommendations from the Task Force for the Fund for a Healthy Nevada in [administering
any program established pursuant to NRS 422.2745.] carrying out the provisions of sections
2 to 11, inclusive, of this act.

(j) Ensure that any money expended from the Fund for a
Healthy Nevada will not be used to supplant existing methods of funding that
are available to public agencies.

(k) Develop policies and procedures for the
administration and distribution of contracts, grants and other expenditures to
state agencies, political subdivisions of this State, nonprofit organizations,
universities and community colleges. A condition of any such contract or grant
must be that not more than 8 percent of the contract or grant may be used for
administrative expenses or other indirect costs. The procedures must require at
least one competitive round of requests for proposals per biennium.

(l) To make the allocations required by paragraphs (e),
(f) and (g):

(1) Prioritize and quantify the needs for these
programs;

(2) Develop, solicit and accept applications for
allocations;

(3) Conduct annual evaluations of programs to
which allocations have been awarded; and

(4) Submit annual reports concerning the
programs to the Governor and the Interim Finance Committee.

(m) Transmit a report of all findings, recommendations
and expenditures to the Governor and each regular session of the Legislature.

2. The Task Force may take such other actions as are
necessary to carry out its duties.

3. The Department shall take all actions necessary to
ensure that all allocations for expenditures made by the Task Force are carried
out as directed by the Task Force.

4. To make the allocations required by paragraph (d)
of subsection 1, the Aging Services Division of the Department shall:

(a) Prioritize and quantify the needs of senior
citizens for these programs;

(b) Develop, solicit and accept grant applications for
allocations;

(c) As appropriate, expand or augment existing state
programs for senior citizens upon approval of the Interim Finance Committee;

(d) Award grants or other allocations;

(e) Conduct annual evaluations of programs to which
grants or other allocations have been awarded; and

(f) Submit annual reports concerning the grant program
to the Governor and the Interim Finance Committee.

5. The Aging Services Division of the Department shall
submit each proposed grant which would be used to expand or augment an existing
state program to the Interim Finance Committee for approval before the grant is
awarded. The request for approval must include a description of the proposed
use of the money and the person or entity that would be authorized to expend
the money. The Aging Services Division of the Department shall not expend or
transfer any money allocated to the Aging Services Division pursuant to this
section to subsidize any portion of the cost of policies of health insurance
that provide coverage to senior citizens for prescription drugs and pharmaceutical
services pursuant to NRS 439.635 to 439.690, inclusive, or to [pay
for any program established pursuant to NRS 422.274 or 422.2745.] subsidize any portion of the cost of
providing prescription drugs and pharmaceutical services to persons with
disabilities pursuant to sections 2 to 11, inclusive, of this act.

6. The Department, on behalf of the Task Force, shall
submit each allocation proposed pursuant to paragraph (e), (f) or (g) of
subsection 1 which would be used to expand or augment an existing state program
to the Interim Finance Committee for approval before the contract or grant is
awarded. The request for approval must include a description of the proposed
use of the money and the person or entity that would be authorized to expend
the money.

Sec. 14. NRS 218.6827 is hereby amended to
read as follows:

218.6827 1. Except as otherwise provided in
subsections 2 and 3, the Interim Finance Committee may exercise the powers
conferred upon it by law only when the Legislature is not in regular or special
session.

2. During a regular session, the Interim Finance
Committee may also perform the duties imposed on it by subsection 5 of NRS
284.115, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020,
NRS 323.050, subsection 1 of NRS 323.100, NRS 353.220, 353.224, 353.2705 to
353.2771, inclusive, and 353.335, paragraph (b) of subsection 4 of NRS 407.0762[,]and NRS 428.375, 439.620 [and
439.630, subsection 1 of NRS 422.2745 and NRS], 439.630, 445B.830 and
538.650. In performing those duties, the Senate Standing Committee on Finance
and the Assembly Standing Committee on Ways and Means may meet separately and
transmit the results of their respective votes to the Chairman of the Interim
Finance Committee to determine the action of the Interim Finance Committee as a
whole.

3. During a regular or special session, the Interim
Finance Committee may exercise the powers and duties conferred upon it pursuant
to the provisions of NRS 353.2705 to 353.2771, inclusive.

4. If the Interim Finance Committee determines that a
fundamental review of the base budget of a state agency is necessary, it shall,
by resolution, notify the Legislative Commission of that
finding for assignment of the review to a legislative committee for the
fundamental review of the base budgets of state agencies established pursuant
to NRS 218.5382.

resolution, notify the Legislative Commission of that finding
for assignment of the review to a legislative committee for the fundamental
review of the base budgets of state agencies established pursuant to NRS
218.5382.

Sec. 15. 1. The Department of Human Resources
shall:

(a) Coordinate each state program that provides
pharmaceutical or medical assistance to persons in this State with the Medicare
Part D benefit so that each Medicare beneficiary who is eligible for or
enrolled in such a state program maintains his present coverage for prescription
drugs and pharmaceutical services to the extent allowed by federal law; and

(b) Coordinate each state program that provides
pharmaceutical or medical assistance to persons in this State with the Medicare
Part D benefit in a manner that:

(1) Maximizes coverage for prescription drugs and
pharmaceutical services for persons in this State;

(2) Minimizes disruptions in the enrollment of
persons in this State in state and federal programs that provide coverage for
prescription drugs and pharmaceutical services;

(3) Minimizes disruptions in the eligibility of
persons in this State for state and federal programs that provide coverage for
prescription drugs and pharmaceutical services;

(4) Minimizes out-of-pocket expenses for prescription
drugs and pharmaceutical services for Medicare beneficiaries in this State; and

(5) Maximizes federal funding for coverage of
prescription drugs and pharmaceutical services for persons in this State.

2. The Department of Human Resources shall submit a plan
for coordinating the state programs with the Medicare Part D benefit as
required by subsection 1 to the Interim Finance Committee for approval before
the Department coordinates those programs and benefits.

3. The Department of Human Resources may adopt such regulations
as may be required to carry out the provisions of this section.

Sec. 16. NRS 422.274 and 422.2745 are hereby
repealed.

Sec. 17. 1. This act becomes effective on July 1,
2005.

2. Section 15 of this act expires by limitation on July 1,
2007.

________

CHAPTER 354, AB 109

Assembly Bill No. 109Committee on Education

CHAPTER 354

AN ACT relating to
education; revising provisions governing the statewide system of accountability
for public schools; redesignating the four regional training programs for the
professional development of teachers and administrators based upon the
geographic regions served by those programs; designating the board of trustees
of certain school districts as the fiscal agent for the programs; and providing
other matters properly relating thereto.

385.34691 1. The State Board shall prepare a plan to
improve the achievement of pupils enrolled in the public schools in this State.
The plan:

(a) Must be prepared in consultation with:

(1) Employees of the Department;

(2) At least one employee of a school district
in a county whose population is 100,000 or more, appointed by the Nevada
Association of School Boards;

(3) At least one employee of a school district
in a county whose population is less than 100,000, appointed by the Nevada
Association of School Boards; and

(4) At least one representative of the Statewide
Council for the Coordination of the Regional Training Programs created by NRS
391.516, appointed by the Council; and

(b) May be prepared in consultation with:

(1) Representatives of institutions of higher
education;

(2) Representatives of regional educational
laboratories;

(3) Representatives of outside consultant
groups;

(4) Representatives of the regional training
programs for the professional development of teachers and administrators [established
pursuant to]created
by NRS 391.512;

(5) The Bureau; and

(6) Other persons who the State Board determines
are appropriate.

2. A plan to improve the achievement of pupils
enrolled in public schools in this State must include:

(a) A review and analysis of the data upon which the
report required pursuant to NRS 385.3469 is based and a review and analysis of
any data that is more recent than the data upon which the report is based.

(b) The identification of any problems or factors
common among the school districts or charter schools in this State, as revealed
by the review and analysis.

(c) Strategies based upon scientifically based
research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core
academic subjects, as set forth in NRS 389.018.

(d) Strategies to improve the academic achievement of
pupils enrolled in public schools in this State, including, without limitation,
strategies to:

(1) Instruct pupils who are not achieving to
their fullest potential;

(2) Increase the rate of attendance of pupils
and reduce the number of pupils who drop out of school;

(3) Integrate technology into the instructional
and administrative programs of the school districts;

(4) Manage effectively the discipline of pupils;
and

(5) Enhance the professional development offered
for the teachers and administrators employed at public schools in this State to
include the activities set forth in 20 U.S.C. § 7801(34), as deemed appropriate
by the State Board.

(e) Strategies designed to provide to the pupils
enrolled in middle school, junior high school and high school, the teachers and
counselors who provide instruction to those pupils, and
the parents and guardians of those pupils information concerning:

instruction to those pupils, and the parents and guardians of
those pupils information concerning:

(1) The requirements for admission to an
institution of higher education and the opportunities for financial aid;

(2) The availability of millennium scholarships
pursuant to NRS 396.911 to 396.938, inclusive; and

(3) The need for a pupil to make informed
decisions about his curriculum in middle school, junior high school and high
school in preparation for success after graduation.

(f) An identification, by category, of the employees of
the Department who are responsible for ensuring that each provision of the plan
is carried out effectively.

(g) For each provision of the plan, a timeline for
carrying out that provision, including, without limitation, a timeline for
monitoring whether the provision is carried out effectively.

(h) For each provision of the plan, measurable criteria
for determining whether the provision has contributed toward improving the
academic achievement of pupils, increasing the rate of attendance of pupils and
reducing the number of pupils who drop out of school.

(i) Strategies to improve the allocation of resources
from this State, by program and by school district, in a manner that will
improve the academic achievement of pupils. If this State has a financial
analysis program that is designed to track educational expenditures and
revenues to individual schools, the State Board shall use that statewide
program in complying with this paragraph. If a statewide program is not
available, the State Board shall use the Departments own financial analysis
program in complying with this paragraph.

(j) Based upon the reallocation of resources set forth
in paragraph (i), the resources available to the State Board and the Department
to carry out the plan.

(k) A summary of the effectiveness of appropriations
made by the Legislature to improve the academic achievement of pupils and
programs approved by the Legislature to improve the academic achievement of
pupils.

3. The State Board shall:

(a) Review the plan prepared pursuant to this section
annually to evaluate the effectiveness of the plan; and

(b) Based upon the evaluation of the plan, make
revisions, as necessary, to ensure that the plan is designed to improve the
academic achievement of pupils enrolled in public schools in this State.

4. On or before December 15 of each year, the State
Board shall submit the plan or the revised plan, as applicable, to the:

(a) Governor;

(b) Committee;

(c) Bureau;

(d) Board of Regents of the University of Nevada;

(e) Council to Establish Academic Standards for Public
Schools created by NRS 389.510;

(f) Board of trustees of each school district; and

(g) Governing body of each charter school.

Sec. 2.NRS 385.354 is hereby amended
to read as follows:

385.354 1. If the board of trustees of a school
district in a county whose population is 400,000 or more, or the superintendent
of schools of such a school district, creates regional
subdistricts within the school district, each regional subdistrict shall, on or
before August 15 of each year, prepare an annual report.

such a school district, creates regional subdistricts within
the school district, each regional subdistrict shall, on or before August 15 of
each year, prepare an annual report. The annual report must include, without
limitation, for the immediately preceding school year:

(a) A description of the geographic area that comprises
the subdistrict.

(b) A list of the administrative leadership of the
subdistrict.

(c) The number of public meetings, if any, held by the
subdistrict.

(d) The information required by subsection 2 of NRS
385.347, reported for the subdistrict as a whole and for each school within the
subdistrict.

(e) The total number of administrators employed to
provide services within the subdistrict, and the total amount of money paid to
those administrators for salaries and benefits.

(f) The total number of teachers and other educational
personnel employed to provide instruction and other educational services in
schools within the subdistrict, and the total amount of money paid to those
teachers and personnel for salaries and benefits.

(g) The number of substitute teachers who were employed
to provide instruction in schools within the subdistrict for a period of 30
consecutive days or more and the subject areas taught by those substitute
teachers.

(h) The number of administrators, teachers and other
educational personnel identified in paragraphs (e) and (f) that attended a
regional training program for the professional development of teachers and
administrators [established pursuant to]created by NRS 391.512,
including, without limitation:

(1) The type of training received; and

(2) A summary of the evaluation of the training
by the teachers and administrators who participated.

(i) Demographic information concerning the pupils
enrolled in schools within the subdistrict, including, without limitation:

(1) Race;

(2) Ethnicity;

(3) Gender;

(4) The percentage of pupils with disabilities
who received special education pursuant to NRS 388.440 to 388.520, inclusive;

(5) The percentage of gifted and talented pupils
who received special education pursuant to NRS 388.440 to 388.520, inclusive;

(6) The percentage of pupils who participated in
the program for free or reduced-price school lunches pursuant to 42 U.S.C. §§
1751 et seq.; and

(7) The percentage of pupils who participated in
educational programs for migratory children provided pursuant to 20 U.S.C. §§
6391 et seq.

(j) The number of schools, if any, within the
subdistrict that were designated as demonstrating need for improvement.

(k) A summary of each program for remediation, if any,
purchased for the schools within the subdistrict, including, without
limitation:

(1) The name of the program; and

(2) The costs of the program.

(l) The number of preschool children who participated
in early childhood education programs provided by the school district, the
subdistrict or schools within the subdistrict.

(m) The budget for the subdistrict, including, without
limitation, the:

(1) Amount of money from the school districts
total budget that was allocated to the subdistrict or for use to operate the
schools within the subdistrict; and

(2) Actual expenditures of the subdistrict or
school district, as applicable, expressed on a per pupil basis, to operate the
schools within the subdistrict.

(n) The establishment of zones of attendance, if any,
or changes made to the existing zones of attendance, if any, that affected the
subdistrict and the number of pupils within the subdistrict who were affected
by each change.

(o) The number of schools within the subdistrict, if
any, that converted to a year-round schedule.

(p) A description of the procedure of the subdistrict
for hearing grievances and complaints of parents and legal guardians of pupils
enrolled in schools within the subdistrict.

2. On or before August 15 of each year, each regional
subdistrict shall submit to the board of trustees of the school district in
which the subdistrict is located, the written report prepared pursuant to
subsection 1. On or before December 15 of each year, the board of trustees
shall submit a written compilation of the reports to the:

(a) Legislative Commission;

(b) Committee; and

(c) Department.

Κ The written
compilation must include, without limitation, an analysis and evaluation of the
equity among the regional subdistricts based upon the information reported.

3. The board of trustees of a school district that
includes regional subdistricts which are required to submit reports pursuant to
this section shall prescribe forms for the reports.

Sec. 3.NRS 385.3692 is hereby amended
to read as follows:

385.3692 1. Each technical assistance partnership
established for a public school shall complete a form prescribed by the
Department pursuant to this section or an expanded form, if applicable, that
includes:

(a) A review and analysis of the operation of the
school, including, without limitation, the design and operation of the
instructional program of the school;

(b) A review and analysis of the data pertaining to the
school based upon the report required pursuant to subsection 2 of NRS 385.347
and a review and analysis of any data that is more recent;

(c) A review of the most recent plan to improve the
achievement of the schools pupils; and

(d) An identification of the problems and factors at
the school that contributed to the designation of the school as demonstrating
need for improvement.

2. Each technical assistance partnership established
for a public school shall:

(a) Assist the school in developing recommendations for
improving the performance of pupils who are enrolled in the school; and

(b) Adopt, in consultation with the employees of the
school, written revisions to the most recent plan to improve the achievement of
the schools pupils for approval pursuant to NRS 385.357. The written revisions
must:

(1) Include the data and findings of the
technical assistance partnership that provide support for the revisions;

(2) If the school is a Title I school, be
developed in consultation with parents and guardians of pupils enrolled in the
school and, to the extent deemed appropriate by the entity that created the
technical assistance partnership, outside experts;

(3) Set forth a timeline to carry out the
revisions;

(4) Set forth priorities for the school in
carrying out the revisions; and

(5) Set forth the names andduties of each person who is
responsible for carrying out the revisions.

3. On or before November 1 of each year, each
technical assistance partnership shall submit the form completed pursuant to
subsection 1 to the:

(a) Department;

(b) Bureau;

(c) Board of trustees of the school district or
governing body of the charter school, as applicable; and

(d) Principal of the school.

4. The Department shall, in consultation with the
Bureau:

(a) Prescribe a form that contains the basic
information for a technical assistance partnership to carry out its duties
pursuant to subsection 1; and

(b) Make the form available on a computer disc for use
by technical assistance partnerships and, upon request, in any other manner
deemed reasonable by the Department.

5. Except as otherwise provided in this subsection,
each technical assistance partnership shall use the form prescribed by the
Department to carry out its duties pursuant to subsection 1. A school district
or governing body of a charter school may prescribe an expanded form that contains
additions to the form prescribed by the Department if the basic information
contained in the expanded form complies with the form prescribed by the
Department.

6. A technical
assistance partnership may require the school for which the partnership was
established to submit plans, strategies, tasks and measures that, in the
determination of the partnership, will assist the school in improving the
achievement and proficiency of pupils enrolled in the school.

Sec. 4.NRS 385.374 is hereby amended
to read as follows:

385.374 The membership of each support team
established pursuant to NRS 385.3721:

1. Must consist of, without limitation:

(a) Teachers and principals who are considered highly
qualified and who are not employees of the public school for which the support
team is established;

(b) At least one representative of the Department [;], who must serve as the facilitator of the support team;

(c) Except for a charter school, at least one
administrator at the district level who is employed by the board of trustees of
the school district;

(d) At least one parent or guardian of a pupil who is
enrolled in the public school for which the support team is established; and

(e) In addition to the requirements of paragraphs (a)
to (d), inclusive, for a charter school:

(1) At least one member of the governing body of
the charter school, regardless of the sponsor of the charter school; and

(2) If the charter school is sponsored by the
board of trustees of a school district, at least one employee of the school
district, which may include an administrator.

2. May consist of, without limitation:

(a) Except for a charter school, one or more members of
the board of trustees of the school district in which the school is located;

(b) Representatives of institutions of higher
education;

(c) Representatives of regional educational
laboratories;

(d) Representatives of outside consultant groups;

(e) Representatives of the regional training program
for the professional development of teachers and administrators [established
pursuant to]created
by NRS 391.512 that provides services to the school district in
which the school is located;

(f) The Bureau; and

(g) Other persons who the Department determines are
appropriate.

Sec. 5.NRS
385.3741 is hereby amended to read as
follows:

385.3741 1.Each support team established for a public
school pursuant to NRS 385.3721 shall:

[1.](a)Review and analyze the operation of
the school, including, without limitation, the design and operation of the
instructional program of the school.

[2.](b)Review and analyze the data
pertaining to the school upon which the report required pursuant to subsection
2 of NRS 385.347 is based and review and analyze any data that is more recent
than the data upon which the report is based.

[3.](c)Review the most recent plan to
improve the achievement of the schools pupils.

[4.](d)Identify and investigate the
problems and factors at the school that contributed to the designation of the
school as demonstrating need for improvement.

[5.](e)Assist the school in developing
recommendations for improving the performance of pupils who are enrolled in the
school.

[6.](f)Except as otherwise provided in
this [subsection,]paragraph,make recommendations to the
board of trustees of the school district, the State Board and the Department
concerning additional assistance for the school in carrying out the plan for
improvement of the school. For a charter school sponsored by the State Board,
the support team shall make the recommendations to the State Board and the
Department.

[7.](g)In accordance with its findings
pursuant to this [subsection]sectionand NRS 385.3742, submit, on or
before November 1, written revisions to the most recent plan to improve the
achievement of the schools pupils for approval pursuant to NRS 385.357. The
written revisions must:

[(a)](1)Comply with NRS 385.357;

[(b)](2)If the school is a Title I school,
be developed in consultation with parents and guardians of pupils enrolled in
the school and, to the extent deemed appropriate by the entity that created the
support team, outside experts;

[(c)](3)Include the data and findings of
the support team that provide support for the revisions;

[(d)](4)Set forth goals ,[and]
objectives , tasks and measures
for the school that are:

[(f)](6)Set forth priorities for the school
in carrying out the revisions; and

[(g)](7)Set forth the names andduties of each person who is
responsible for carrying out the revisions.

[8.](h)Except as otherwise provided in
this [subsection,]paragraph,work cooperatively with the
board of trustees of the school district in which the school is located, the
employees of the school, and the parents and guardians of pupils enrolled in
the school to carry out and monitor the plan for improvement of the school. If
a charter school is sponsored by the State Board, the Department shall assist
the school with carrying out and monitoring the plan for improvement of the
school.

[9.](i) Prepare a monthly progress report in the format
prescribed by the Department and:

(1)
Submit the progress report to the Department.

(2) Distribute
copies of the progress report to each employee of the school for review.

(j) In
addition to the requirements of this section, if the support team is
established for a Title I school, carry out the requirements of 20 U.S.C. §
6317(a)(5).

2.A school support team may require
the school for which the support team was established to submit plans,
strategies, tasks and measures that, in the determination of the support team,
will assist the school in improving the achievement and proficiency of pupils
enrolled in the school.

3. The Department shall prescribe a concise monthly
progress report for use by each support team in accordance with paragraph (i)
of subsection 1.

Sec. 6.NRS 391.512 is hereby amended
to read as follows:

391.512 1. [The Clark County School
District, Douglas County School District, Elko County School District and
Washoe County School District shall each]There are hereby created the Southern
Nevada Regional Training Program, the Western Nevada Regional Training Program,
the Northeastern Nevada Regional Training Program and the Northwestern Nevada
Regional Training Program. The governing body of each regional training program
shall establish and operate a:

(a) Regional training program for the professional
development of teachers and administrators.

(b) Nevada Early Literacy Intervention Program through
the regional training program established pursuant to paragraph (a).

2. Except as otherwise provided in subsection 6, the [regional
training program established by the Clark County School District]Southern Nevada Regional Training
Program must primarily provide services to teachers and
administrators who are employed by school districts in:

3. Except as otherwise provided in subsection 6, the [regional
training program established by the Douglas County School District]Western Nevada Regional Training
Program must primarily provide services to teachers and
administrators who are employed by school districts in:

(a) Carson City;

(b) Churchill County;

(c) Douglas County;

(d) Lyon County; and

(e) Mineral County.

4. Except as otherwise provided in subsection 6, the [regional
training program established by the Elko County School District]Northeastern Nevada Regional
Training Program must primarily provide services to teachers and
administrators who are employed by school districts in:

(a) Elko County;

(b) Eureka County;

(c) Lander County;

(d) Humboldt County; and

(e) White Pine County.

5. Except as otherwise provided in subsection 6, the [regional
training program established by the Washoe County School District]Northwestern Nevada Regional
Training Program must primarily provide services to teachers and
administrators who are employed by school districts in:

(a) Pershing County;

(b) Storey County; and

(c) Washoe County.

6. Each regional training program shall, when
practicable, make reasonable accommodations for the attendance of teachers and
administrators who are employed by school districts outside the primary
jurisdiction of the regional training program.

7. The
board of trustees of the:

(a) Clark
County School District shall serve as the fiscal agent for the Southern Nevada
Regional Training Program.

(b) Douglas
County School District shall serve as the fiscal agent for the Western Nevada
Regional Training Program.

(c) Elko
County School District shall serve as the fiscal agent for the Northeastern
Nevada Regional Training Program.

(d) Washoe
County School District shall serve as the fiscal agent for the Northwestern
Nevada Regional Training Program.

Κ As fiscal agent, each school
district is responsible for the payment, collection and holding of all money
received from this State for the maintenance and support of the regional training
program and Nevada Early Intervention Program established and operated by the
applicable governing body.

Sec. 7. NRS 391.552 is hereby amended to read
as follows:

391.552 The governing body of each regional training
program shall:

1. Establish a method for the evaluation of the
success of the regional training program, including, without limitation, the
Nevada Early Literacy Intervention Program. The method must be consistent with
the uniform procedures adopted by the Statewide Council pursuant to NRS
391.520.

2. On or before [July]September 1 of each
year, submit an annual report to the State Board, the Commission, the
Legislative Committee on Education and the Legislative
Bureau of Educational Accountability and Program Evaluation that includes:

Education and the Legislative Bureau of Educational
Accountability and Program Evaluation that includes:

(a) The priorities for training adopted by the
governing body pursuant to NRS 391.540.

(b) The type of training offered through the program in
the immediately preceding year.

(c) The number of teachers and administrators who
received training through the program in the immediately preceding year.

(d) The number of paraprofessionals, if any, who
received training through the program in the immediately preceding year.

(e) An evaluation of the success of the program,
including, without limitation, the Nevada Early Literacy Intervention Program,
in accordance with the method established pursuant to subsection 1.

(f) A description of the gifts and grants, if any,
received by the governing body in the immediately preceding year and the gifts
and grants, if any, received by the Statewide Council during the immediately
preceding year on behalf of the regional training program. The description must
include the manner in which the gifts and grants were expended.

(g) The 5-year plan for the program prepared pursuant
to NRS 391.540 and any revisions to the plan made by the governing body in the
immediately preceding year.

Sec. 8. This
act becomes effective on July 1, 2005.

________

CHAPTER 355, AB 371

Assembly Bill No. 371Committee on Government Affairs

CHAPTER 355

AN ACT relating to
public financial administration; authorizing the dissemination of certain
reports of audits of state agencies and local governments without the consent
of the auditor; authorizing certain banks and trusts to hold certain securities
on behalf of local governments under certain circumstances; establishing
requirements for agreements to locate, deliver, recover or assist in the
recovery of certain property held in trust by a county treasurer; providing
that a deed made to the county treasurer as trustee for the State and county
is, except as against actual fraud, conclusive evidence of certain matters;
increasing the payment to the county general fund from the proceeds of the sale
of properties for delinquent taxes; and providing other matters properly
relating thereto.

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 353.325 is hereby amended to read as
follows:

353.325 1.
Each state agency, within 10 days after receiving an audit report
pertaining to that agency, including a management letter and the agencys
reply, shall submit one copy of the audit report to:

[1.](a) The Chief of the Budget Division of the
Department of Administration [.

2. The
audit report, including, without limitation, the opinion and findings of the
auditor contained in the audit report, may be disseminated by or on behalf of
the state agency for which the report was prepared by inclusion, without
limitation, in or on:

(a) An
official statement or other document prepared in connection with the offering
of bonds or other securities;

(b) A
filing made pursuant to the laws or regulations of this State;

(c) A
filing made pursuant to a rule or regulation of the Securities and Exchange
Commission of the United States; or

(d) A
website maintained by a state agency on the Internet or its successor,

Κ without the consent of the
auditor who prepared the audit report. A provision of a contract entered into
between an auditor and a state agency that is contrary to the provisions of
this subsection is against the public policy of this State and is void and
unenforceable.

Sec. 2.NRS 354.624 is hereby amended
to read as follows:

354.624 1. Each local government shall provide for an
annual audit of all of its financial statements. A local government may provide
for more frequent audits as it deems necessary. Except as otherwise provided in
subsection 2, each annual audit must be concluded and the report of the audit
submitted to the governing body as provided in subsection 6 not later than 5
months after the close of the fiscal year for which the audit is conducted. An
extension of this time may be granted by the Department of Taxation to any
local government that submits an application for an extension to the Department.
If the local government fails to provide for an audit in accordance with the
provisions of this section, the Department of Taxation shall cause the audit to
be made at the expense of the local government. All audits must be conducted by
a certified public accountant or by a partnership or professional corporation
that is registered pursuant to chapter 628 of NRS.

2. The annual audit of a school district must:

(a) Be concluded and the report submitted to the board
of trustees as provided in subsection 6 not later than 4 months after the close
of the fiscal year for which the audit is conducted.

(b) If the school district has more than 150,000 pupils
enrolled, include an audit of the expenditure by the school district of public
money used:

(1) To design, construct or purchase new
buildings for schools or related facilities;

(2) To enlarge, remodel or renovate existing
buildings for schools or related facilities; and

(3) To acquire sites for building schools or
related facilities, or other real property for purposes related to schools.

3. The governing body may, without requiring
competitive bids, designate the auditor or firm annually. The auditor or firm
must be designated, and notification of the auditor or firm designated must be
sent to the Department of Taxation not later than 3 months before the close of
the fiscal year for which the audit is to be made.

4. Each annual audit must cover the business of the
local government during the full fiscal year. It must be a financial audit
conducted in accordance with generally accepted auditing
standards in the United States, including findings on compliance with statutes
and regulations and an expression of opinion on the financial statements.

accordance with generally accepted auditing standards in the
United States, including findings on compliance with statutes and regulations
and an expression of opinion on the financial statements. The Department of
Taxation shall prescribe the form of the financial statements, and the chart of
accounts must be as nearly as possible the same as the chart that is used in
the preparation and publication of the annual budget. The report of the audit
must include:

(a) A schedule of all fees imposed by the local
government which were subject to the provisions of NRS 354.5989;

(b) A comparison of the operations of the local
government with the approved budget, including a statement from the auditor
that indicates whether the governing body has taken action on the audit report
for the prior year; and

(c) If the local government is subject to the
provisions of NRS 244.186, a report showing that the local government is in
compliance with the provisions of paragraphs (a) and (b) of subsection 1 of NRS
244.186.

5. Each local government shall provide to its auditor:

(a) A statement indicating whether each of the
following funds established by the local government is being used expressly for
the purposes for which it was created, in the form required by NRS 354.6241:

(1) An enterprise fund.

(2) An internal service fund.

(3) A fiduciary fund.

(4) A self-insurance fund.

(5) A fund whose balance is required by law to
be:

(I) Used only for a specific purpose other
than the payment of compensation to a bargaining unit, as defined in NRS
288.028; or

(II) Carried forward to the succeeding
fiscal year in any designated amount.

(b) A list and description of any property conveyed to
a nonprofit organization pursuant to NRS 244.287 or 268.058.

(c) If the local government is subject to the
provisions of NRS 244.186, a declaration indicating that the local government
is in compliance with the provisions of paragraph (c) of subsection 1 of NRS
244.186.

6. The opinion and findings of the auditor contained
in the report of the audit must be presented at a meeting of the governing body
held not more than 30 days after the report is submitted to it. Immediately
thereafter, the entire report, together with the management letter required by
generally accepted auditing standards in the United States or by regulations
adopted pursuant to NRS 354.594, must be filed as a public record with:

(a) The clerk or secretary of the governing body;

(b) The county clerk;

(c) The Department of Taxation; and

(d) In the case of a school district, the Department of
Education.

7. After
the report of the audit is filed by the local government, the report of the
audit, including, without limitation, the opinion and findings of the auditor
contained in the report of the audit, may be disseminated by or on behalf of
the local government for which the report was prepared by inclusion, without
limitation, in or on:

(a) An
official statement or other document prepared in connection with the offering
of bonds or other securities;

(c) A
filing made pursuant to a rule or regulation of the Securities and Exchange
Commission of the United States; or

(d) A
website maintained by a local government on the Internet or its successor,

Κ without the consent of the auditor
who prepared the report of the audit. A provision of a contract entered into
between an auditor and a local government that is contrary to the provisions of
this subsection is against the public policy of this State and is void and
unenforceable.

8. If
an auditor finds evidence of fraud or dishonesty in the financial statements of
a local government, the auditor shall report such evidence to the appropriate
level of management in the local government.

[8.]9. The governing body
shall act upon the recommendations of the report of the audit within 3 months
after receipt of the report, unless prompter action is required concerning
violations of law or regulation, by setting forth in its minutes its intention
to adopt the recommendations, to adopt them with modifications or to reject
them for reasons shown in the minutes.

Sec. 3. NRS 355.172 is hereby amended to read as
follows:

355.172 1. Except as otherwise provided in NRS
355.178, any securities purchased as an investment of money by or on behalf of
a local government, as defined in NRS 354.474, must remain in the possession of
the county treasurer, the appropriate officer of that local government or a qualified bank [,
as provided in subsection 2,]or trust, throughout the period of the
investment, except that any securities subject to repurchase by the seller may
be evidenced by a fully perfected, first-priority security interest, as
provided in subsection 3.

2. The county treasurer or the appropriate officer of
a local government may physically possess those securities, which must be [in
bearer form or] registered in the name of the local
government, or may make an agreement, in writing, with [the trust department of]
any qualified bank [insured
by the Federal Deposit Insurance Corporation]or trust to hold those
securities [in trust] for , and in the name of, that local government.
If such an agreement is made, the [trust department]bank or trust shall
furnish the county treasurer or the appropriate officer of the local government
with a written statement acknowledging that it is so holding the securities.

3. If the securities purchased are subject to an
arrangement for the repurchase of those securities by the seller thereof, the
county treasurer, the appropriate officer of the local government or a [trust
department of a bank, as provided in subsection 2,]qualified bank or trust may,
in lieu of the requirement of possession, obtain the sole, fully perfected,
first-priority security interest in those securities. If the [trust
department of a] bank or trust obtains such a security interest, it
shall furnish the county treasurer or the appropriate officer of the local
government with a written statement acknowledging that fact. Any securities so
purchased must, at the time of purchase by or for a local government, have a
fair market value equal to or greater than the repurchase price of the
securities.

4. For
the purposes of this section, a bank or trust is qualified to hold securities
for a local government if the bank or trust is rated by a nationally recognized
rating service as AA- or its equivalent, or better.

Sec. 4. NRS 361.585 is hereby amended to read as
follows:

361.585 1. When the time allowed by law for the
redemption of a property described in a certificate has expired, and no
redemption has been made, the tax receiver who issued the
certificate, or his successor in office, shall execute and deliver to the
county treasurer a deed of the property in trust for the use and benefit of the
State and county and any officers having fees due them.

made, the tax receiver who issued the certificate, or his
successor in office, shall execute and deliver to the county treasurer a deed
of the property in trust for the use and benefit of the State and county and
any officers having fees due them.

2. The county treasurer and his successors in office,
upon obtaining a deed of any property in trust under the provisions of this
chapter, shall hold that property in trust until it is sold or otherwise
disposed of pursuant to the provisions of this chapter.

3. Notwithstanding the provisions of NRS 361.595 or
361.603, at any time during the 90-day period specified in NRS 361.603, or
before the public notice of sale by a county treasurer, pursuant to NRS
361.595, of any property held in trust by him by virtue of any deed made
pursuant to the provisions of this chapter, any person specified in subsection
4 is entitled to have the property reconveyed upon payment to the county
treasurer of an amount equal to the taxes accrued, together with any costs,
penalties and interest legally chargeable against the property. A reconveyance
may not be made after expiration of the 90-day period specified in NRS 361.603
or after commencement of posting or publication of public notice pursuant to
NRS 361.595.

4. Property may be reconveyed pursuant to subsection 3
to one or more of the persons specified in the following categories, or to one
or more persons within a particular category, as their interests may appear of
record:

(a) The owner.

(b) The beneficiary under a deed of trust.

(c) The mortgagee under a mortgage.

(d) The person to whom the property was assessed.

(e) The person holding a contract to purchase the
property before its conveyance to the county treasurer.

(f) The successor in interest of any person specified
in this subsection.

5. Any agreement to locate, deliver, recover or assist in the
recovery of any property held in trust by a county treasurer by virtue of any
deed made pursuant to the provisions of this chapter:

(a) Must:

(1) Be in writing.

(2) Be signed by one or more of the persons
identified in subsection 4.

(3) Include a description of the property.

(4) Include the value of the property.

(b) Must
not impose a fee that is more than 10 percent of the total value of the
property.

6. The
provisions of this section apply to land held in trust by a county treasurer on
or after April 17, 1971.

Sec. 5. NRS 361.590 is hereby amended to read
as follows:

361.590 1. If a property described in a certificate
is not redeemed within the time allowed by law for its redemption, the tax
receiver or his successor in office shall make to the county treasurer as
trustee for the State and county a deed of the property, reciting in the deed
substantially the matters contained in the certificate of sale or, in the case
of a conveyance under NRS 361.604, the order of the board of county
commissioners, and that no person has redeemed the property during the time
allowed for its redemption.

2. The deed must be recorded in the office of the
county recorder within 30 days after the date of expiration of the period of
redemption.

3. All such deeds are [primary], except as against actual fraud,
conclusive evidence that:

(a) The property was assessed as required by law.

(b) The property was equalized as required by law.

(c) The taxes were levied in accordance with law.

(d) The taxes were not paid.

(e) At a proper time and place a certificate of
delinquency was filed as prescribed by law, and by the proper officer.

(f) The property was not redeemed.

(g) The person who executed the deed was the proper
officer.

4. Such deeds are, except as against actual fraud,
conclusive evidence of the regularity of all other proceedings, from the
assessment by the county assessor to the execution of the deed.

5. The deed conveys to the county treasurer as trustee
for the State and county the property described therein, free of all
encumbrances, except any easements of record for public utility purposes, any
lien for taxes or assessments by any irrigation or other district for
irrigation or other district purposes, and any interest and penalties on the
property, except when the land is owned by the United States or this State, in
which case it is prima facie evidence of the right of possession accrued as of
the date of the deed to the purchaser, but without prejudice to the lien for
other taxes or assessments or the claim of any such district for interest or
penalties.

6. No tax assessed upon any property, or sale
therefor, may be held invalid by any court of this State on account of:

(a) Any irregularity in any assessment;

(b) Any assessment or tax roll not having been made or
proceeding had within the time required by law; or

(c) Any other irregularity, informality, omission, mistake
or want of any matter of form or substance in any proceedings which the
Legislature might have dispensed with in the first place if it had seen fit so
to do, and that does not affect the substantial property rights of persons
whose property is taxed.

Κ All such
proceedings in assessing and levying taxes, and in the sale and conveyance
therefor, must be presumed by all the courts of this State to be legal until
the contrary is shown affirmatively.

Sec. 6. NRS 361.610 is hereby amended to read
as follows:

361.610 1. Out of the sale price or rents of any
property of which he is trustee, the county treasurer shall pay the costs due
any officer for the enforcement of the tax upon the parcel of property and all
taxes owing thereon , [;]
and upon the redemption of any property from him as trustee, he shall pay the
redemption money over to any officers having fees due them from the parcels of
property and pay the tax for which it was sold and pay the redemption
percentage according to the proportion those fees respectively bear to the tax.

2. In no case may any service rendered by any officer
under this chapter become or be allowed as a charge against the county, nor may
the sale price or rent or redemption money of any one parcel of property be
appropriated to pay any cost or tax upon any other parcel of property than that
so sold, rented or redeemed.

3. After paying all the tax and costs upon any one
parcel of property, the county treasurer shall pay into the general fund of the
county, from the excess proceeds of the sale:

(a) The first $300 of the excess proceeds; and

(b) Ten percent of the next [$2,000]$10,000 of the
excess proceeds.

4. The amount remaining after the county treasurer has
paid the amount required by subsection 3 must be deposited in an
interest-bearing account maintained for the purpose of holding excess proceeds
separate from other money of the county. If no claim is made for the money
within 2 years after the deed given by the county treasurer is recorded, the
county treasurer shall pay the money into the general fund of the county, and
it must not thereafter be refunded to the former property owner or his
successors in interest. All interest paid on money deposited in the account
required by this subsection is the property of the county.

5. If a person who would have been entitled to receive
reconveyance of the property pursuant to NRS 361.585 makes a claim in writing
for the balance within 2 years after the deed is recorded, the county treasurer
shall pay it or his proper portion over to him if he is satisfied that the
person is entitled to it.

Sec. 7. This act becomes effective upon passage and
approval.

________

CHAPTER 356, SB 120

Senate Bill No. 120Senators Heck, Hardy, Nolan and
Lee

Joint Sponsors: Assemblymen Hardy, Conklin, Oceguera
and Sibley

CHAPTER 356

AN ACT relating to
emergency medical services; making various changes concerning programs for the
treatment of trauma and the designation of hospitals as centers for the
treatment of trauma in larger counties; and providing other matters properly
relating thereto.

[Approved:
June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
450B.237 is hereby amended to read as follows:

450B.237 1. The [State Board of Health]board shall
establish a program for treating persons who require treatment for trauma and
for transporting and admitting such persons to centers for the treatment of
trauma. The program must provide for the development, operation and maintenance
of a system of communication to be used in transporting such persons to the
appropriate centers.

2. The State Board of Health shall adopt regulations
which establish the standards for the designation of hospitals as centers for
the treatment of trauma. The State Board of Health shall consider the standards
adopted by the American College of Surgeons for a center for the treatment of
trauma as a guide for such regulations. The Administrator of the Health
Division shall not approve a proposal to designate a hospital as a center for
the treatment of trauma unless the hospital meets the standards [.

3. Each
county or district board of health in a county whose population is 400,000 or
more shall adopt regulations which establish the standards for the designation
of hospitals in the county as centers for the treatment of trauma which are
consistent with the regulations adopted by the State Board of Health pursuant
to subsection 2. A county or district board of health shall not approve a
proposal to designate a hospital as a center for the treatment of trauma unless
the hospital meets the standards established pursuant to this subsection.

4. A
proposal to designate a hospital located in a county whose population is
400,000 or more as a center for the treatment of trauma:

(a) Must
be approved by the Administrator of the Health Division and by the county or
district board of health of the county in which the hospital is located; and

(b) May
not be approved unless the county or district board of health of the county in
which the hospital is located has established and adopted a comprehensive
trauma system plan concerning the treatment of trauma in the county, which
includes, without limitation, consideration of the future trauma needs of the
county, consideration of and plans for the development and designation of new
centers for the treatment of trauma in the county based on the demographics of
the county and the manner in which the county may most effectively provide
trauma services to persons in the county.

5. Upon
approval by the Administrator of the Health Division and, if the hospital is located in a county whose population
is 400,000 or more, the county or district board of health of the county in
which the hospital is located, of a proposal to designate a
hospital as a center for the treatment of trauma, [he]the Administrator of the Health Division
shall issue written approval which designates the hospital as such a center. As
a condition of continuing designation the hospital must comply with the
following requirements:

(a) The hospital must admit any injured person who
requires medical care.

(b) Any physician who provides treatment for trauma
must be qualified to provide that treatment.

(c) The hospital must maintain the standards specified
in the regulations adopted pursuant to [subsection 2.]subsections 2 and 3.

Sec. 2. The amendatory provisions of this act do not
affect any hospital that has been designated as a center for the treatment of
trauma before October 1, 2005.

Sec. 3. The provisions of NRS 354.599 do not apply
to any additional expenses of a local government that are related to the
provisions of this act.

Section 1. Chapter
706 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 6, inclusive, of this act.

Sec. 2.As used in sections 2 to 6, inclusive, of this act, unless
the context otherwise requires, the words and terms defined in sections 3 and 4
of this act have the meanings ascribed to them in those sections.

Sec. 3.Commercial motor vehicle has the meaning ascribed to it in
49 C.F.R. § 350.105.

Sec. 4.Intrastate driver means a driver who operates a commercial
motor vehicle exclusively within this State for a period of 7 or more
consecutive days.

Sec. 5.1. Except as otherwise provided in section 6 of this act, a
motor carrier shall not allow or require an intrastate driver to drive, and an
intrastate driver shall not drive:

(a) Within any
24-hour period:

(1)More
than 12 hours following 10 consecutive hours off duty; or

(2)For any
number of hours after having accrued more than 15 consecutive hours of on-duty
time; or

(b) Within any
period of 7 consecutive days, after having accrued 70 hours of on-duty time.

2. As used in
this section:

(a) Motor
carrier has the meaning ascribed to it in 49 C.F.R. § 350.105.

(b) On-duty
time has the meaning ascribed to it in 49 C.F.R. § 395.2.

Sec. 6.1. Except as otherwise provided in this section,
hours-of-service limitations do not apply to an intrastate driver if each of
the following conditions is satisfied:

(a) The
intrastate driver is transporting property or passengers during:

(1) A
state of emergency or declaration of disaster proclaimed pursuant to NRS
414.070; or

(2) An
emergency declared by an elected local governmental official who is authorized
by law to make such a declaration.

(b) The
employer of the intrastate driver is a public utility.

(c) The
employer of the intrastate driver, within 1 working day after discovering or
otherwise becoming aware of the existence of a public utility emergency,
notifies the Department of Public Safety or appropriate local governmental
officials of:

(1) The
fact that a public utility emergency exists; and

(2) The
date on which and time at which the public utility emergency commenced.

Κ The notification required
pursuant to this paragraph may be made by telephone, facsimile, electronic
communication or hand delivery of a written communication.

(d) Within 10
working days after receiving a notification described in paragraph (c), an
elected state or local governmental official, or his designee, determines and
declares that a public utility emergency exists and that the public utility
emergency justifies the transportation of property or passengers during the
emergency to ensure the protection of public health and safety by way of the restoration of public utility
service or to otherwise provide assistance essential to the public.

health and safety by
way of the restoration of public utility service or to otherwise provide
assistance essential to the public. After making a declaration as described in
this paragraph, the elected state or local governmental official, or his
designee, as applicable, shall ensure that the declaration is communicated
forthwith and without delay to the public utility which made the notification
pursuant to paragraph (c).

2. For the
purposes of paragraph (d) of subsection 1:

(a) A
declaration by an elected state or local governmental official, or his
designee, as applicable, is retroactive to the date on which and time at which
the public utility emergency commenced, as communicated in the notification
from the relevant public utility, unless the elected state or local
governmental official, or his designee, as applicable, determines that the
public utility emergency commenced on a different date or at a different time.

(b) If, after
receiving a notification described in paragraph (c) of subsection 1, an elected
state or local governmental official, or his designee, as applicable, fails to
make a determination and declaration within 10 working days:

(1) The
elected state or local governmental official, or his designee, as applicable,
shall be deemed to have determined and declared that a public utility emergency
exists and that the public utility emergency justifies the transportation of
property or passengers during the emergency to ensure the protection of public
health and safety by way of the restoration of public utility service or to
otherwise provide assistance essential to the public; and

(2) The
deemed determination and declaration is retroactive to the date on which and
time at which the public utility emergency commenced, as communicated in the
notification from the relevant public utility.

3. An employer
who notifies a public official of the existence of a public utility emergency
as described in subsection 1 shall maintain documentation of the public utility
emergency for 6 months and shall make such documentation available to a law
enforcement officer upon request.

4. The
provisions of this section do not apply to the extent that those provisions:

(a) Are
preempted or prohibited by federal law; or

(b) Violate a
condition to the receipt of federal money by this State or a political
subdivision of this State.

5. As used in
this section:

(a) Hours-of-service
limitations means:

(1) The
limitations set forth in section 5 of this act; and

(2) Any
limitations set forth in federal law as to the number of hours that an
interstate driver may drive, which limitations would otherwise be imposed upon
intrastate drivers pursuant to regulations adopted by reference by the
Authority, Department of Motor Vehicles or Department of Public Safety.

(b) Public
utility has the meaning ascribed to it in NRS 704.020.

(c) Public
utility emergency means a natural or man-made emergency that affects the
facilities of a public utility and:

706.011 As used in NRS 706.011 to 706.791, inclusive, and sections 2 to 6, inclusive, of this
act, unless the context otherwise requires, the words and terms
defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to
them in those sections.

Sec. 8.NRS 706.776 is hereby amended
to read as follows:

706.776 1. [The]Except as otherwise provided in
sections 2 to 6, inclusive, of this act, the owner or operator of
a motor vehicle to which any provisions of NRS 706.011 to 706.861, inclusive, and sections 2 to 6, inclusive, of this
act apply , carrying
passengers or property on any highway in the State of Nevada shall not require
or permit any driver of the motor vehicle to drive it in any one period longer
than the time permitted for that period by the order of the Authority or the
Department.

2. In addition to other persons so required, the Labor
Commissioner shall enforce the provisions of this section.

Sec. 9. This act becomes effective on
July 1, 2005.

________

CHAPTER 358, AB 299

Assembly Bill No. 299Assemblyman Marvel

CHAPTER 358

AN ACT relating to
state lands; authorizing the exchange of certain parcels of land with the
Reno-Sparks Indian Colony; authorizing the construction of a new restitution
center for the Department of Corrections; authorizing an agreement to share
sales tax revenue from a proposed retail project on property owned by the
Reno-Sparks Indian Colony; and providing other matters properly relating
thereto.

[Approved: June 10, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. The
State, with the approval of the Interim Finance Committee, may enter into a
contract with the Reno-Sparks Indian Colony to carry out the provisions of this
act. The State shall not commit to any portion of the transaction authorized by
this act unless an agreement has been reached to carry out all of the
provisions.

2. The contract authorized pursuant to this act must include
the following:

(a) The construction and lease-purchase by the State of a
new restitution center for the Department of Corrections on property owned by
the Reno-Sparks Indian Colony;

(b) An agreement with respect to the sharing of revenue from
sales tax resulting from a retail project on property owned by the Reno-Sparks
Indian Colony to finance the construction of the
restitution center and to benefit the Washoe County School District School
Renewals Program; and

Colony to finance the construction of the restitution center and
to benefit the Washoe County School District School Renewals Program; and

(c) The exchange of certain land owned by the State of
Nevada for the parcel on which the restitution center is constructed.

3. The provisions of paragraph (a) of subsection 2 require:

(a) The Reno-Sparks Indian Colony to agree to contract for
the construction of a restitution center for the Department of Corrections on
property owned by the Colony at Kietzke Lane and East Second Street in Reno,
Nevada, specifically Assessors Parcels numbers 12-182-02 and 12-182-03. The
contract for the construction of the restitution center must be a turn-key
contract that provides that the contractor will complete the design,
engineering, procurement and construction of the restitution center so that the
restitution center is ready for occupancy at the conclusion of the contract and
that the contractor assumes all risks associated with the contract. The
contract must include a provision that requires payment of prevailing wages
pursuant to NRS 338.020 to 338.090, inclusive, to all skilled mechanics,
skilled workmen, semiskilled mechanics, semiskilled workmen or unskilled labor
who perform work on the construction of the restitution center. The design of
the restitution center and the contract for construction must be approved by
the Department of Corrections.

(b) Upon completion of the construction of the restitution
center pursuant to paragraph (a), an agreement between the State and the
Reno-Sparks Indian Colony for the lease-purchase of the facility by the State.
To the extent that they do not conflict with the provisions of this act, the provisions
of NRS 353.500 to 353.630, inclusive, apply to a lease-purchase agreement
entered into pursuant to this paragraph.

4. The agreement pursuant to the provisions of paragraph
(b) of subsection 2 must provide for:

(a) A portion of the sales tax revenue from the proposed
retail project on property of the Reno-Sparks Indian Colony to be used to
offset the States annual lease payments for the restitution center.

(b) A portion of the sales tax revenue from the proposed
retail project to be paid to the Washoe County School District.

(c) Upon completion of the payments for the restitution
center, a revised amount to be paid on a continuing basis to the Washoe County
School District.

5. The agreement pursuant to paragraph (c) of subsection 2
must provide for the exchange of the property on which the restitution center
is constructed for the property owned by the State on which the Northern Nevada
Restitution Center is currently located, 2595 East Second Street in Reno,
Nevada, Assessors Parcel Number 12-301-02. The State must agree, upon
completion of the exchange, to support an application by the Colony to place
the former State land in Federal Trust.

6. The State and the Reno-Sparks Indian Colony must comply
with all applicable local, state and federal law and obtain any necessary
approvals from local, state and federal agencies with respect to the provisions
of this act. The Reno-Sparks Indian Colony must obtain letters of support or
resolutions from the City of Reno and Washoe County that approve the exchange
of land pursuant to paragraph (c) of subsection 2.

7. The State and the Reno-Sparks Indian Colony may include
in a contract entered into pursuant to this act any other provisions necessary
or convenient to carry out the contract that are not
inconsistent with the provisions of this act.

convenient to carry out the contract that are not inconsistent
with the provisions of this act.

8. The provisions of NRS 323.100 do not apply to a
contract entered into pursuant to this act.

Sec. 2. This act becomes effective on July 1, 2005.

________

CHAPTER 359, SB 444

Senate Bill No. 444Committee on Judiciary

CHAPTER 359

AN ACT relating to
gaming; requiring the Nevada Gaming Commission to adopt regulations authorizing
a gaming licensee to charge a fee for admission to an area in which gaming is
conducted under certain circumstances; and providing other matters properly
relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
463 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. The Commission shall, with the advice
and assistance of the Board, adopt regulations authorizing a gaming licensee to
charge a fee for admission to an area in which gaming is conducted in
accordance with the provisions of this section.

2. The regulations
adopted by the Commission pursuant to this section must include, without
limitation, provisions that:

(a) A gaming
licensee may not charge a fee pursuant to this section unless:

(1) The
Chairman of the Board grants administrative approval of a request by a gaming
licensee to charge such a fee; and

(2) Such
administrative approval is not revoked or suspended by the Chairman of the
Board.

(b) The Chairman of the Board may, in his sole and
absolute discretion, grant, deny, limit, condition, restrict, revoke or suspend
any administrative approval of a request by a gaming licensee to charge a fee
pursuant to this section. In considering such a request, the Chairman of the
Board shall consider all relevant factors, including, without limitation:

(1) The size of the area;

(2) The amount of gaming that occurs within the
area;

(3) The types and quantity of gaming offered;

(4) The business purpose of the area;

(5) Other amenities that are offered within the
area;

(6) The amount of the costs and expenses
incurred in creating the area;

(7) The benefit to the State in having gaming
conducted within the area;

(8) The amount of the fee charged and whether
the fee charged is unreasonable as compared to the prevailing practice within
the industry; and

(9) Whether the area should more appropriately
be treated as a gaming salon.

Κ The decision of the Chairman of
the Board regarding such a request may be appealed by the gaming licensee to
the Commission pursuant to its regulations.

(c) A gaming
licensee who charges a fee pursuant to this section:

(1) Shall
deposit with the Board and thereafter maintain a refundable revolving fund in
an amount determined by the Commission to pay the expenses of admission of
agents of the Board or Commission to the area for which a fee for admission is
charged.

(2) Shall
arrange for access by agents of the Board or Commission to the area for which a
fee for admission is charged.

(3) Shall,
at all times that a fee is charged for admission to an area pursuant to this
section in an establishment for which a nonrestricted license has been issued,
provide for the public at least the same number of gaming devices and games in
a different area for which no fee is charged for admission.

(4) Shall, at all times that a fee is charged
for admission to an area pursuant to this section in an establishment for which
a restricted license has been issued, post a sign of a suitable size in a
conspicuous place near the entrance of the establishment that provides notice
to patrons that they do not need to pay an admission fee or cover charge to
engage in gaming.

(5) Shall not use a fee charged for admission
to create a private gaming area that is not operated in association or
conjunction with a nongaming activity, attraction or facility.

(6) Shall
not restrict admission to the area for which a fee for admission is charged to
a patron on the ground of race, color, religion, national origin or disability
of the patron, and any unresolved dispute with a patron concerning restriction
of admission shall be deemed a dispute as to the manner in which a game is
conducted pursuant to NRS 463.362 and must be resolved pursuant to NRS 463.362
to 463.366, inclusive.

(d) If a gaming
licensee who holds a nonrestricted license charges a fee pursuant to this
section, unless the area for which a fee for admission is charged is otherwise
subject to the excise tax on admission to any facility in this State where live
entertainment is provided pursuant to chapter 368A of NRS, the determination of
the amount of the liability of the gaming licensee for that tax:

(1) Includes
the fees charged for admission pursuant to this section; and

(2) Does
not include charges for food, refreshments and merchandise collected in the
area for which admission is charged.

Sec. 2. This act becomes effective:

1. Upon passage and approval, for the purpose of adopting
regulations; and

2. On October 1, 2005, for all other purposes.

________

κ2005
Statutes of Nevada, Page 1357κ

CHAPTER 360, SB 303

Senate Bill No.
303Senator Care

CHAPTER 360

AN ACT relating to
the National Conference of Commissioners on Uniform State Laws; revising the
provisions governing the appointment of Commissioners on Uniform State Laws to
represent the State of Nevada; revising provisions governing reimbursement of
expenses for engaging in certain activities as a Commissioner on Uniform State
Laws; and providing other matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
219 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. A
Commissioner who continues to serve or resumes service as a Commissioner
pursuant to the provisions of NRS 219.025 and who attends an annual meeting of
the National Conference of Commissioners on Uniform State Laws is entitled to
receive reimbursement from the Legislative Fund for expenses incurred to attend
the annual meeting if the Commissioner, at least 10 days before the annual
meeting, provides to the Director of the Legislative Counsel Bureau written
notice stating that he will actively participate and carry out the duties set
forth in NRS 219.030 and 219.040.

2. Each
Commissioner appointed by the Legislative Commission pursuant to paragraph (b)
of subsection 2 of NRS 219.020 is entitled to receive reimbursement from the
William S. Boyd School of Law for any expenses incurred in carrying out his
duties as a Commissioner, including travel and per diem expenses.

Sec. 2. NRS 219.020 is hereby amended to read
as follows:

219.020 1. Except as otherwise provided in this
section and NRS 219.025, the Commissioners are [the]:

(a) The Legislative
Counsel ;

(b)
Two members of the faculty of the
William S. Boyd School of Law of the University of Nevada, Las Vegas; and
[not]

(c) Not
more than four attorneys licensed to practice law in the State of Nevada
appointed by the Legislative Commission.

2. The
Legislative Commission shall appoint [attorneys]:

(a) Attorneys
who are members of the Legislature to fill the appointive
positions created pursuant to [this]paragraph (c) of subsection 1 if attorneys are
available in the Legislature to fill [such positions.

2.] those positions.

(b) Two
members of the faculty of the William S. Boyd School of Law of the University
of Nevada, Las Vegas, from a list submitted to the Legislative Commission by
the Dean of the Law School. Each member so appointed serves for a term of 4
years.

3. The
Legislative Counsel may appoint not more than two additional Commissioners from
the attorneys employed by the Legislative Counsel Bureau, upon approval of the
Legislative Commission.

[3.]4. The National Conference of Commissioners
on Uniform State Laws is hereby declared to be a joint governmental agency of
this State.

[4. It shall be]

5. It is a
function of the Commissioners [on Uniform State Laws] to carry forward
the participation of the State of Nevada in the National Conference of
Commissioners on Uniform State Laws. Annual dues [shall]must be paid to that
organization out of the Legislative Fund.

[5.]6. The Legislative Counsel shall notify the
National Conference of Commissioners on Uniform State Laws whenever a
Commissioner is appointed pursuant to this section.

Sec. 3. NRS 219.025 is hereby amended to read
as follows:

219.025 1.
A Commissioner who served pursuant to subsection 1 of NRS 219.020
, except for a Commissioner who
served pursuant to paragraph (b) of that subsection, may continue
to serve or resume his service as a Commissioner if he:

[1.](a) Is licensed to practice law in the State
of Nevada;

[2.](b) Is a resident of Nevada; and

[3.](c) Notifies the Legislative Counsel of his
intention to serve as a Commissioner.

2. The
Legislative Counsel shall notify the National Conference of Commissioners on
Uniform State Laws whenever a Commissioner is added pursuant to this section.

AN ACT relating to
motor vehicles; requiring disclosure of the existence of certain event
recording devices in motor vehicles under certain circumstances; restricting
the use of information retrieved from an event data recording device under
certain circumstances; providing a penalty; and providing other matters
properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
484 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. A manufacturer of a new motor vehicle which is sold or
leased in this State and which is equipped with an event recording device shall
disclose that fact in the owners manual for the vehicle. The disclosure must include, if
applicable, a statement that the event recording device:

(a) Records the direction and rate of speed at which
the motor vehicle travels;

(d) Records brake performance, including, without
limitation, whether the brakes were applied before an accident;

(e) Records the status of the drivers safety belt;
and

(f) If an
accident involving the motor vehicle occurs, is able to transmit information
concerning the accident to a central communications system.

2. Except as
otherwise provided in this section, data recorded by an event recording device
may not be downloaded or otherwise retrieved by a person other than the
registered owner of the vehicle. Data recorded by an event recording device may
be downloaded or otherwise retrieved by a person other than the registered
owner of the vehicle:

(a) If the
registered owner of the vehicle consents to the retrieval of the data.

(b) Pursuant to
the order of a court of competent jurisdiction.

(c) If the data
is retrieved for the purpose of conducting research to improve motor vehicle
safety, including, without limitation, conducting medical research to determine
the reaction of a human body to motor vehicle accidents, provided that the
identity of the registered owner or driver is not disclosed in connection with
the retrieval of that data. The disclosure of a vehicle identification number
pursuant to this paragraph does not constitute the disclosure of the identity
of the registered owner or driver of the vehicle.

(d) If the data
is retrieved by a new vehicle dealer or a garageman to diagnose, service or
repair the motor vehicle.

(e) Pursuant to
an agreement for subscription services for which disclosure required by
subsection 4 has been made.

3. A person
who retrieves data from an event recording device pursuant to paragraph (c) of
subsection 2 shall not disclose that data to any person other than a person who
is conducting research specified in that paragraph.

4. If a motor
vehicle is equipped with an event recording device that is able to record or
transmit any information described in subparagraph (2) or (6) of paragraph (a)
of subsection 6 and that ability is part of a subscription service for the
motor vehicle, the fact that the information may be recorded or transmitted
must be disclosed in the agreement for the subscription service.

5. Any person
who violates the provisions of this section is guilty of a misdemeanor.

6. As used in
this section:

(a) Event
recording device means a device which is installed by the manufacturer of a
motor vehicle and which, for the purposes of retrieving data after an accident
involving the motor vehicle:

(1) Records
the direction and rate of speed at which the motor vehicle travels;

(2) Records
a history of where the motor vehicle travels;

(3) Records
steering performance;

(4) Records
brake performance, including, without limitation, whether the brakes were
applied before an accident;

(5) Records
the status of the drivers safety belt; or

(6) If
an accident involving the motor vehicle occurs, is able to transmit information
concerning the accident to a central communications system.

(1) A person having all the incidents of
ownership, including the legal title of the motor vehicle, whether or not he
lends, rents or creates a security interest in the motor vehicle;

(2) A person entitled to possession of the
motor vehicle as the purchaser under a security agreement; or

(3) A
person entitled to possession of the motor vehicle as a lessee pursuant to a
lease agreement if the term of the lease is more than 3 months.

Sec. 2. The provisions of this act apply to all
motor vehicles that are manufactured on or after January 1, 2006.

Sec. 3. This act becomes effective on January 1,
2006.

________

CHAPTER 362, AB 456

Assembly Bill No. 456Committee on Ways and Means

CHAPTER 362

AN ACT relating to
county financing; authorizing the board of county commissioners in certain
larger counties to transfer responsibility for the operation of the performing
arts center in such a county to another governmental entity by cooperative
agreement under certain circumstances; authorizing such a governmental entity to
delegate to a nonprofit organization some or all of its responsibilities
relating to such a center; providing that such a center may be designed and
constructed pursuant to a contract with a design-build team; revising the
provisions governing the planning, design and construction of a facility for
vocational training for culinary skills in southern Nevada; and providing other
matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS
244A.860 is hereby amended to read as follows:

244A.860 1. Except as otherwise provided in
subsection 2, the board of county commissioners of a county whose population is
400,000 or more may by ordinance impose a fee upon the lease of a passenger car
by a short-term lessor in the county in the amount of not more than 2 percent
of the total amount for which the passenger car was leased, excluding any taxes
or other fees imposed by a governmental entity.

2. The fee imposed pursuant to subsection 1 must not
apply to replacement vehicles. As used in this subsection, replacement
vehicle means a vehicle that is:

(a) Rented temporarily by or on behalf of a person or
leased to a person by a facility that repairs motor vehicles or a motor vehicle
dealer; and

(b) Used by the person in place of a motor vehicle
owned by the person that is unavailable for use because of mechanical
breakdown, repair, service, damage or loss as defined in the owners policy of
liability insurance for the motor vehicle.

3. After reimbursement of the Department pursuant to
paragraph (a) of subsection 1 of NRS 244A.870 for its expense in collecting and
administering a fee imposed pursuant to this section, the remaining proceeds of
the fee which are received by a county must be used to pay the costs to
acquire, improve, equip, operate and maintain within the county a performing
arts center, or to pay the principal of, interest on or other payments due with
respect to bonds issued to pay [such]those costs, including bonds issued to refund
bonds issued to pay [such]those costs, or any combination thereof.

4. The
board of county commissioners of a county that imposes the fee authorized by
subsection 1 may enter into a cooperative agreement with another governmental
entity in which the other governmental entity agrees to receive the proceeds of
the fee from the county if the cooperative agreement includes a provision that
requires the other governmental entity to assume all responsibility for the
operation of the performing arts center and to use the proceeds of the fee it
receives from the county to pay the costs to acquire, improve, equip, operate
and maintain within the county a performing arts center, and to pay the
principal of, interest on or other payments due with respect to bonds issued to
pay those costs, including bonds issued to refund bonds issued to pay those
costs, or any combination thereof. A governmental entity that enters into a
cooperative agreement with the board of county commissioners pursuant to this
subsection may delegate to a nonprofit organization one or more of the
responsibilities that the governmental entity assumed pursuant to the
cooperative agreement, including, without limitation, the acquisition, design,
construction, improvement, equipment, operation and maintenance of the center.

5. The
board of county commissioners shall not repeal or amend or otherwise directly
or indirectly modify an ordinance imposing a fee pursuant to subsection 1 in
such a manner as to impair any outstanding bonds issued by or other obligations
incurred by the county until all obligations for which revenue from the
ordinance have been pledged or otherwise made payable from such revenue have
been discharged in full or provision for full payment and redemption has been
made.

[5.]6. A performing arts center to be acquired, improved, equipped,
operated and maintained pursuant to this section may, regardless of the
estimated cost of the center, be designed and constructed pursuant to a
contract with a design-build team in accordance with NRS 338.1711 to 338.1727,
inclusive.

7.
As used in this section, the words and terms defined in NRS 482.053 and 482.087
have the meanings ascribed to them in those sections.

Sec. 13. Notwithstanding the provisions of section 3
of this act, the Board of County Commissioners of Clark County shall distribute
the initial $3,000,000 collected from the fee imposed pursuant to section 3 of
this act to the Culinary and Hospitality Academy of Las Vegas for the planning ,[and]
design andconstruction of a facility
for vocational training in southern Nevada.

Section 1. Title
40 of NRS is hereby amended by adding thereto a new chapter to consist of
the provisions set forth as sections 2 to 23, inclusive, of this act.

Sec. 2. This
chapter may be cited as the Uniform Environmental Covenants Act.

Sec. 3. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in sections 4 to 12, inclusive, of this act have the meanings
ascribed to them in those sections.

Sec. 4. Activity
and use limitations means restrictions or obligations created under this
chapter with respect to real property.

Sec. 5. Agency
means:

1. The State Department of Conservation and Natural
Resources;

2. The Division of Environmental Protection of the
State Department of Conservation and Natural Resources; or

3. The United
States Environmental Protection Agency.

Sec. 6. Common-interest
community means a condominium, cooperative or other real property with respect
to which a person, by virtue of the persons ownership of a parcel of real
property, is obligated to pay property taxes or insurance premiums, or for
maintenance or improvement of other real property described in a recorded
covenant that creates the common-interest community.

Sec. 7. Environmental
covenant means a servitude arising under an environmental response project
that imposes activity and use limitations.

Sec. 8. Environmental
response project means a plan or work performed for environmental remediation
of real property and conducted:

1. Under a
federal or state program governing environmental remediation of real property;

2. Incident to
closure of a solid or hazardous waste management unit, if the closure is
conducted with approval of an agency; or

3. Under a
state voluntary cleanup program authorized by the laws of this State.

Sec. 9. Holder
means the grantee of an environmental covenant as specified in subsection 1 of
section 13 of this act.

venture, public
corporation, government, governmental subdivision, agency or instrumentality,
or any other legal or commercial entity.

Sec. 11. Record, used as a noun, means information which is inscribed on a
tangible medium or which is stored in an electronic or other medium and is
retrievable in perceivable form.

Sec. 12. State means the State of Nevada.

Sec. 13. 1. Any person, including a person who owns an interest in the real
property, the agency or a municipality or other unit of local government, may
be a holder. An environmental covenant may identify more than one holder. The
interest of a holder is an interest in real property.

2. A right of an agency under this chapter or under
an environmental covenant, other than a right as a holder, is not an interest
in real property.

3. An agency is bound by any obligation it assumes in
an environmental covenant, but an agency does not assume obligations merely by
signing an environmental covenant. Any other person who signs an environmental
covenant is bound by the obligations the person assumes in the covenant, but
signing the covenant does not change obligations, rights or protections granted
or imposed under law other than this chapter except as otherwise provided in
the covenant.

4. The following rules apply to interests in real
property in existence at the time an environmental covenant is created or
amended:

(a) An interest that has priority under any other law
is not affected by an environmental covenant unless the person who owns the
interest subordinates that interest to the covenant.

(b) This chapter does not require a person who owns a
prior interest to subordinate that interest to an environmental covenant or to
agree to be bound by the covenant.

(c) A subordination agreement may be contained in an
environmental covenant covering real property or in a separate record. If the
environmental covenant covers commonly owned property in a common-interest
community, the record may be signed by any person authorized by the executive
board of the unit-owners association.

(d) An agreement by a person to subordinate a prior
interest to an environmental covenant affects the priority of that persons
interest, but does not by itself impose any affirmative obligation on the
person with respect to the environmental covenant.

Sec. 14. 1. An environmental covenant must:

(a) State that
the instrument is an environmental covenant executed pursuant to this chapter;

(b) Contain a
legally sufficient description of the real property subject to the covenant;

(c) Describe
the activity and use limitations on the real property;

(d) Identify
every holder;

(e) Be signed
by the agency, every holder and, unless waived by the agency, every owner of
the fee simple of the real property subject to the covenant; and

(f) Identify
the name and location of any administrative record for the environmental
response project reflected in the environmental covenant.

2. In addition
to the information required by subsection 1, an environmental covenant may
contain other information, restrictions and requirements agreed to by the
persons who signed it, including:

(a) Any
requirements for notice following transfer of a specified interest in, or
concerning proposed changes in use of, applications for building permits for,
or proposals for any site work affecting the contamination on, the property
subject to the covenant;

(b) Any
requirements for periodic reporting describing compliance with the covenant;

(c) Any rights
of access to the property granted in connection with implementation or
enforcement of the covenant;

(d) A brief
narrative description of the contamination and remedy, including the
contaminants of concern, pathways of exposure, limits on exposure, and location
and extent of the contamination;

(e) Any
limitation on amendment or termination of the covenant in addition to those
contained in sections 19 and 20 of this act; and

(f) Any rights
of the holder in addition to its right to enforce the covenant pursuant to
section 21 of this act.

3. In addition
to other conditions for its approval of an environmental covenant, the agency
may require those persons specified by the agency who have interests in the
real property to sign the covenant.

Sec. 15. 1. An environmental covenant that complies with this chapter runs with
the land.

2. An
environmental covenant that is otherwise effective is valid and enforceable
even if:

(a) It is not
appurtenant to an interest in real property;

(b) It can be
or has been assigned to a person other than the original holder;

(c) It is not
of a character that has been recognized traditionally at common law;

(d) It imposes
a negative burden;

(e) It imposes
an affirmative obligation on a person having an interest in the real property
or on the holder;

(f) The benefit
or burden does not touch or concern real property;

(g) There is no
privity of estate or contract;

(h) The holder
dies, ceases to exist, resigns or is replaced; or

(i) The owner
of an interest subject to the environmental covenant and the holder are the
same person.

3. An
instrument that creates restrictions or obligations with respect to real
property that would qualify as activity and use limitations, except for the fact
that the instrument was recorded before October 1, 2005, is not invalid or
unenforceable because of any of the limitations on enforcement of interests
described in subsection 2 or because it was identified as an easement,
servitude, deed restriction or other interest. This chapter does not apply in
any other respect to such an instrument.

4. This
chapter does not invalidate or render unenforceable any interest, whether
designated as an environmental covenant or other interest, that is otherwise
enforceable under the laws of this State.

Sec. 16. This chapter does not authorize a use of real property that is otherwise
prohibited by zoning, by law other than this chapter regulating use of real
property or by a recorded instrument that has priority over the environmental
covenant. An environmental covenant may prohibit or restrict uses of real
property which are authorized by zoning or by law other than this chapter.

Sec. 17. 1. A copy of an environmental covenant must be provided by the persons
and in the manner required by the agency to:

(a) Each person
who signed the covenant;

(b) Each person
holding a recorded interest in the real property subject to the covenant;

(c) Each person
in possession of the real property subject to the covenant;

(d) Each
municipality or other unit of local government in which real property subject
to the covenant is located and any local planning commission whose territorial
jurisdiction includes or is immediately adjacent to the real property subject
to the covenant; and

(e) Any other
person the agency requires.

2. The
validity of a covenant is not affected by failure to provide a copy of the
covenant as required under this section.

Sec. 18. 1. An environmental covenant and any amendment or termination of the
covenant must be recorded in every county in which any portion of the real
property subject to the covenant is located. For purposes of indexing, a holder
must be treated as a grantee.

2. Except as
otherwise provided in subsection 3 of section 19 of this act, an environmental
covenant is subject to the laws of this State governing recording and priority
of interests in real property.

Sec. 19. 1. An environmental covenant is perpetual unless it is:

(a) By its
terms limited to a specific duration or terminated by the occurrence of a
specific event;

(b) Terminated
by consent pursuant to section 20 of this act;

(c) Terminated
pursuant to subsection 2;

(d) Terminated
by foreclosure of an interest that has priority over the environmental
covenant; or

(e) Terminated
or modified in an eminent domain proceeding, but only if:

(1) The
agency that signed the covenant is a party to the proceeding;

(2) All
persons identified in subsections 1 and 2 of section 20 of this act are given
notice of the pendency of the proceeding; and

(3) The
court determines, after hearing, that the termination or modification will not
adversely affect human health or the environment.

2. If the
agency that signed an environmental covenant has determined that the intended
benefits of the covenant can no longer be realized, a court, under the doctrine
of changed circumstances, in an action in which all persons identified in
subsections 1 and 2 of section 20 of this act have been given notice, may
terminate the covenant or reduce its burden on the real property subject to the
covenant. The agencys determination or its failure to make a determination
upon request is subject to judicial review pursuant to NRS 233B.130.

3. Except as
otherwise provided in subsections 1 and 2, an environmental covenant may not be
extinguished, limited or impaired through issuance of a tax deed, foreclosure
of a tax lien or application of the doctrine of adverse possession,
prescription, abandonment, waiver, lack of enforcement or acquiescence, or a
similar doctrine.

4. An
environmental covenant may not be extinguished, limited or impaired by
application of any laws of this State relating to marketable title or dormant
mineral interests.

Sec. 20. 1. An environmental covenant may be amended or terminated by consent
only if the amendment or termination is signed by:

(a) The agency;

(b) Unless
waived by the agency, the current owner of the fee simple of the real property
subject to the covenant;

(c) Each person
who originally signed the covenant, unless the person waived in a signed record
the right to consent or a court finds that the person no longer exists or
cannot be located or identified with the exercise of reasonable diligence; and

(d) Except as
otherwise provided in paragraph (b) of subsection 4, the holder.

2. If an
interest in real property is subject to an environmental covenant, the interest
is not affected by an amendment of the covenant unless the current owner of the
interest consents to the amendment or has waived in a signed record the right
to consent to amendments.

3. Except for
an assignment undertaken pursuant to a governmental reorganization, the
assignment of an environmental covenant to a new holder is an amendment.

4. Except as
otherwise provided in an environmental covenant:

(a) A holder
may not assign its interest without the consent of the other parties; and

(b) A holder
may be removed and replaced by agreement of the other parties specified in
subsection 1.

5. A court of
competent jurisdiction may fill a vacancy in the position of holder.

Sec. 21. 1. A civil action for injunctive or other equitable relief for the
violation of an environmental covenant may be maintained by:

(a) A party to
the covenant;

(b) The agency
or, if it is not the agency, the State Department of Conservation and Natural
Resources or the Division of Environmental Protection of that Department;

(c) Any person
to whom the covenant expressly grants power to enforce;

(d) A person
whose interest in the real property or whose collateral or liability may be
affected by the alleged violation of the covenant; or

(e) A
municipality or other unit of local government in which the real property
subject to the covenant is located.

2. This
chapter does not limit the regulatory authority of the agency, or the State
Environmental Commission, the State Department of Conservation and Natural
Resources or the Division of Environmental Protection of that Department, under
law other than this chapter with respect to an environmental response project.

3. A person is
not responsible for or subject to liability for environmental remediation
solely because it has the right to enforce an environmental covenant.

Sec. 22. In applying and construing this chapter, consideration must be given to
the need to promote uniformity of the law with respect to its subject matter
among states that enact it.

Sec. 23. This chapter modifies, limits or supersedes the federal Electronic
Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but
does not modify, limit or supersede Section 101 of that Act, 15 U.S.C. § 7001(a), or authorize electronic delivery of
any of the notices described in Section 103 of that Act, 15 U.S.C. § 7003(b).

Act, 15 U.S.C. §
7001(a), or authorize electronic delivery of any of the notices described in
Section 103 of that Act, 15 U.S.C. § 7003(b).

________

CHAPTER 364, SB 269

Senate Bill No. 269Senators Beers and Schneider

CHAPTER 364

AN ACT relating to
parking by person with disabilities; providing for the issuance of letters to
certain persons to whom a special license plate, placard or sticker that
authorizes parking in spaces designated for the handicapped have been issued;
making it unlawful under certain circumstances for persons named in such a
letter to allow another person to park a vehicle displaying the plate, placard
or sticker; increasing the minimum amount of the fines for unlawfully parking
in a space designated for handicapped parking; providing a penalty; and
providing other matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
482.384 is hereby amended to read as follows:

482.384 1. Upon the application of a person with a
permanent disability, the Department may issue special license plates for a
vehicle, including a motorcycle, registered by the applicant pursuant to this
chapter. The application must include a statement from a licensed physician
certifying that the applicant is a person with a permanent disability. The
issuance of a special license plate to a person with a permanent disability
pursuant to this subsection does not preclude the issuance to such a person of
a special parking placard for a vehicle other than a motorcycle or a special
parking sticker for a motorcycle pursuant to subsection 6.

2. Every year after the initial issuance of special
license plates to a person with a permanent disability, the Department shall
require the person to renew his special license plates in accordance with the
procedures for renewal of registration pursuant to this chapter. The Department
shall not require a person with a permanent disability to include with his
application for renewal a statement from a licensed physician certifying that
the person is a person with a permanent disability.

3. Upon the application of an organization which
provides transportation for a person with a permanent disability, disability of
moderate duration or temporary disability, the Department may issue special
license plates for a vehicle registered by the organization pursuant to this
chapter, or the Department may issue special parking placards to the
organization pursuant to this section to be used on vehicles providing
transportation to such persons. The application must include a statement from
the organization certifying that:

(a) The vehicle for which the special license plates
are issued is used primarily to transport persons with permanent disabilities,
disabilities of moderate duration or temporary disabilities; or (b) The organization which is issued the special parking
placards will only use such placards on vehicles that actually transport
persons with permanent disabilities, disabilities of moderate duration or
temporary disabilities.

(b) The organization which is issued the special
parking placards will only use such placards on vehicles that actually
transport persons with permanent disabilities, disabilities of moderate
duration or temporary disabilities.

4. The Department may charge a fee for special license
plates issued pursuant to this section not to exceed the fee charged for the
issuance of license plates for the same class of vehicle.

5. Special license plates issued pursuant to this
section must display the international symbol of access in a color which
contrasts with the background and is the same size as the numerals and letters
on the plate.

6. Upon the application of a person with a permanent
disability or disability of moderate duration, the Department may issue:

(a) A special parking placard for a vehicle other than
a motorcycle. Upon request, the Department may issue one additional placard to
an applicant to whom special license plates have not been issued pursuant to
this section.

(b) A special parking sticker for a motorcycle.

Κ The
application must include a statement from a licensed physician certifying that
the applicant is a person with a permanent disability or disability of moderate
duration.

7. A special parking placard issued pursuant to
subsection 6 must:

(a) Have inscribed on it the international symbol of
access which is at least 3 inches in height, is centered on the placard and is
white on a blue background;

(b) Have an identification number and date of expiration
of:

(1) If the special parking placard is issued to
a person with a permanent disability, 10 years after the initial date of
issuance; or

(2) If the special parking placard is issued to
a person with a disability of moderate duration, 2 years after the initial date
of issuance;

(c) Have placed or inscribed on it the seal or other
identification of the Department; and

(d) Have a form of attachment which enables a person
using the placard to display the placard from the rearview mirror of the
vehicle.

8. A special parking sticker issued pursuant to
subsection 6 must:

(a) Have inscribed on it the international symbol of
access which complies with any applicable federal standards, is centered on the
sticker and is white on a blue background;

(b) Have an identification number and a date of
expiration of:

(1) If the special parking sticker is issued to
a person with a permanent disability, 10 years after the initial date of
issuance; or

(2) If the special parking sticker is issued to
a person with a disability of moderate duration, 2 years after the initial date
of issuance; and

(c) Have placed or inscribed on it the seal or other
identification of the Department.

9. Before the date of expiration of a special parking
placard or special parking sticker issued to a person with a permanent
disability or disability of moderate duration, the person shall renew his
special parking placard or special parking sticker. If the applicant for
renewal is a person with a disability of moderate duration, the applicant must
include with his application for renewal a statement from a licensed physician
certifying that the applicant is a person with a disability which limits or
impairs the ability to walk, and that such disability, although not
irreversible, is estimated to last longer than 6 months.

longer than 6 months. A person with a permanent disability is
not required to submit evidence of a continuing disability with his application
for renewal.

10. The Department, or a city or county, may issue,
and charge a reasonable fee for, a temporary parking placard for a vehicle
other than a motorcycle or a temporary parking sticker for a motorcycle upon
the application of a person with a temporary disability. Upon request, the
Department, city or county may issue one additional temporary parking placard
to an applicant. The application must include a certificate from a licensed physician
indicating:

(a) Have inscribed on it the
international symbol of access which is at least 3 inches in height, is
centered on the sticker and is white on a red background[.] ; and

(b) Have
an identification number and a date of expiration.

13. A temporary parking placard or temporary parking
sticker is valid only for the period for which a physician has certified the
disability, but in no case longer than 6 months. If the temporary disability
continues after the period for which the physician has certified the
disability, the person with the temporary disability must renew the temporary
parking placard or temporary parking sticker before the temporary parking
placard or temporary parking sticker expires. The person with the temporary
disability shall include with his application for renewal a statement from a
licensed physician certifying that the applicant continues to be a person with a
temporary disability and the estimated period of the disability.

14. A special or temporary parking placard must be
displayed in the vehicle when the vehicle is parked by hanging or attaching the
placard to the rearview mirror of the vehicle. If the vehicle has no rearview
mirror, the placard must be placed on the dashboard of the vehicle in such a
manner that the placard can easily be seen from outside the vehicle when the
vehicle is parked.

15. Upon issuing a special license plate pursuant to subsection
1, a special or temporary parking placard or a special or temporary parking
sticker, the Department, or the city or county, if applicable, shall issue a
letter to the applicant that sets forth the name and address of the person with
a permanent disability, disability of moderate duration or temporary disability
to whom the special license plate, special or temporary parking placard or
special or temporary parking sticker has been issued; and

(a) If the person receives special license plates, the
license plate number designated for the plates; and

(b) If the person receives a special or temporary
parking placard or a special or temporary parking sticker, the identification
number and date of expiration indicated on the placard or sticker.

Κ The letter, or a legible copy
thereof, must be kept with the vehicle for which the special license plate has
been issued or in which the person to whom the special or temporary parking
placard or special or temporary parking sticker has been issued is driving or
is a passenger.

16. A
special or temporary parking sticker must be affixed to the windscreen of the
motorcycle. If the motorcycle has no windscreen, the sticker must be affixed to
any other part of the motorcycle which may be easily seen when the motorcycle
is parked.

[16.] 17. Special or temporary parking placards,
special or temporary parking stickers, or special license plates issued
pursuant to this section do not authorize parking in any area on a highway
where parking is prohibited by law.

[17.] 18. No person, other than the person
certified as being a person with a permanent disability, disability of moderate
duration or temporary disability, or a person actually transporting such a
person, may use the special license plates or a special or temporary parking
placard, or a special or temporary parking sticker issued pursuant to this
section to obtain any special parking privileges available pursuant to this
section.

[18.] 19. Any person who violates the provisions
of subsection [17]18 is guilty of a misdemeanor.

[19.] 20. The Department may review the
eligibility of each holder of a special parking placard, a special parking
sticker or special license plates, or any combination thereof. Upon a
determination of ineligibility by the Department, the holder shall surrender
the special parking placard, special parking sticker or special license plates,
or any combination thereof, to the Department.

[20.] 21. The Department may adopt such
regulations as are necessary to carry out the provisions of this section.

Sec. 2. NRS 484.408 is hereby amended to read
as follows:

484.408 1. Any parking space designated for the
handicapped must be indicated by a sign:

(a) Bearing the international symbol of access with or
without the words Parking, Handicapped Parking, Handicapped Parking Only
or Reserved for the Handicapped, or any other word or combination of words
indicating that the space is designated for the handicapped;

(b) Stating Minimum fine of [$100]$250 for use by
others or equivalent words; and

(c) The bottom of which must be not less than 4 feet
above the ground.

2. In addition to the requirements of subsection 1, a
parking space designated for the handicapped which:

(a) Is designed for the exclusive use of a vehicle with
a side-loading wheelchair lift; and

(b) Is located in a parking lot with 60 or more parking
spaces,

Κ must be
indicated by a sign using a combination of words to state that the space is for
the exclusive use of a vehicle with a side-loading wheelchair lift.

3. If a parking space is designed for the use of a
vehicle with a side-loading wheelchair lift, the space which is immediately
adjacent and intended for use in the loading and unloading of a wheelchair into
or out of such a vehicle must be indicated by a sign:

(a) Stating No Parking or similar words which
indicate that parking in such a space is prohibited;

(b) Stating Minimum fine of [$100]$250 for violation
or similar words indicating that the minimum fine for parking in such a space
is [$100;]$250; and

(c) The bottom of which must not be less than 4 feet
above the ground.

4. An owner of private property upon which is located
a parking space described in subsection 1, 2 or 3 shall erect and maintain or
cause to be erected and maintained any sign required pursuant to subsection 1,
2 or 3, whichever is applicable. If a parking space described in subsection 1,
2 or 3 is located on public property, the governmental entity having control
over that public property shall erect and maintain or cause to be erected and
maintained any sign required pursuant to subsection 1, 2 or 3, whichever is
applicable.

5. A person shall not park a vehicle in a space
designated for the handicapped by a sign that meets the requirements of
subsection 1, whether on public or privately owned property, unless he is
eligible to do so and the vehicle displays:

(a) Special license plates issued pursuant to NRS
482.384;

(b) A special or temporary parking placard issued
pursuant to NRS 482.384;

(c) A special or temporary parking sticker issued
pursuant to NRS 482.384;

(d) Special license plates, a special or temporary
parking sticker, or a special or temporary parking placard displaying the
international symbol of access issued by another state or a foreign country; or

(e) Special license plates for a disabled veteran
issued pursuant to NRS 482.377.

6. Except as otherwise provided in this subsection, a
person shall not park a vehicle in a space that is reserved for the exclusive
use of a vehicle with a side-loading wheelchair lift and is designated for the
handicapped by a sign that meets the requirements of subsection 2, whether on
public or privately owned property, unless:

(a) He is eligible to do so;

(b) The vehicle displays the special license plates or
placard set forth in subsection 5; and

(c) The vehicle is equipped with a side-loading
wheelchair lift.

Κ A person who
meets the requirements of paragraphs (a) and (b) may park a vehicle that is not
equipped with a side-loading wheelchair lift in such a parking space if the
space is in a parking lot with fewer than 60 parking spaces.

7. A person shall not park in a space which:

(a) Is immediately adjacent to a space designed for use
by a vehicle with a side-loading wheelchair lift; and

(b) Is designated as a space in which parking is
prohibited by a sign that meets the requirements of subsection 3,

Κ whether on
public or privately owned property.

8. A person shall not use a plate, sticker or placard
set forth in subsection 5 to park in a space designated for the handicapped
unless he is a person with a permanent disability, disability of moderate
duration or temporary disability, a disabled veteran, or the driver of a
vehicle in which any such person is a passenger.

9. A
person with a permanent disability, disability of moderate duration or
temporary disability to whom a:

(a) Special
license plate, or a special or temporary parking sticker, has been issued
pursuant to NRS 482.384 shall not allow any other person to park the vehicle or
motorcycle displaying the special license plate or special or temporary parking
sticker in a space designated for the handicapped unless the person with the
permanent disability, disability of moderate duration or temporary disability
is a passenger in the vehicle or on the motorcycle, or is being picked up or
dropped off by the driver of the vehicle or motorcycle, at the time that the
vehicle or motorcycle is parked in the space designated for the handicapped.

(b) Special
or temporary parking placard has been issued pursuant to NRS 482.384 shall not
allow any other person to park the vehicle which displays the special or temporary
parking placard in a space designated for the handicapped unless the person
with the permanent disability, disability of moderate duration or temporary
disability is a passenger in the vehicle, or is being picked up or dropped off
by the driver of the vehicle, at the time that it is parked in the space
designated for the handicapped.

10. A
person who violates any of the provisions of subsections 5 to [8,] 9, inclusive, is guilty
of a misdemeanor and shall be punished:

(a) Upon the first offense, by a fine of [$100.] $250.

(b) Upon the second offense, by a fine of $250 and not
less than 8 hours, but not more than 50 hours, of community service.

(c) Upon the third or subsequent offense, by a fine of
not less than $500, but not more than $1,000 and not less than 25 hours, but
not more than 100 hours, of community service.

Sec. 3. Not later than October 1, 2005:

1. The Department of Motor Vehicles shall issue, in
accordance with the amendatory provisions of section 1 of this act, a letter to
each person to whom the Department has, on or before October 1, 2005, issued
pursuant to NRS 484.384:

(a) A special license plate; or

(b) A special or temporary parking placard or a special or
temporary parking sticker that has an expiration date of October 1, 2005, or
later.

2. The governing body of a city shall issue, in accordance
with the amendatory provisions of section 1 of this act, a letter to each
person to whom the city has, on or before October 1, 2005, issued pursuant to
NRS 484.384 a temporary parking placard or sticker that has an expiration date
of October 1, 2005, or later.

3. A board of county commissioners shall issue, in
accordance with the amendatory provisions of section 1 of this act, a letter to
each person to whom the county has, on or before October 1, 2005, issued
pursuant to NRS 484.384 a temporary parking placard or sticker that has an
expiration date of October 1, 2005, or later.

Sec. 4. 1. This section and section 3 of this act
become effective upon passage and approval.

2. Sections 1 and 2 of this act become effective on October
1, 2005.

________

κ2005
Statutes of Nevada, Page 1373κ

CHAPTER 365, SB 44

Senate Bill No.
44Committee on Commerce and Labor

CHAPTER 365

AN ACT relating to
trade practices; revising provisions regulating organizations for buying goods
or services at a discount; authorizing a parent business entity to serve as a
trustee, under certain circumstances, for trust accounts maintained by its
affiliate organizations; requiring such a parent to post additional security
for the protection of buyers who are members of the affiliate organizations;
providing an alternative method for trustees of such affiliate organizations to
withdraw money from certain trust accounts; requiring that the membership
contract between a buyer and an organization clearly specify certain of the
buyers rights and the conditions and limitations on those rights; revising
provisions that authorize a buyer to rescind his membership contract if the
organization moves its place of business beyond a certain distance; and
providing other matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 598.840 is hereby
amended to read as follows:

598.840 As used in NRS 598.840 to 598.930, inclusive,
unless the context otherwise requires:

1. Affiliate
organization means an organization for buying goods or services at a discount
that:

[2.] 3. Buyer means a person who purchases by
contract a membership in an organization for buying goods or services at a
discount.

[3.] 4. Commissioner means the Commissioner of
the Consumer Affairs Division .[of the Department of Business and Industry.

4.] 5.Consumer Affairs Division means the Consumer Affairs
Division of the Department of Business and Industry.

6. Franchise
has the meaning ascribed to it in 16 C.F.R. § 436.2, as amended or substituted
in revision by the Federal Trade Commission.

7. Organization
for buying goods or services at a discount or organization means a person
who, for a consideration, provides or claims to provide a buyer with the
ability to purchase goods or services at a price which is represented to be
lower than the price generally charged in the area. The term includes, without limitation, an affiliate
organization.

8. Parent
business entity or parent means any business entity that, directly or
indirectly, has owned, operated, controlled or granted franchises to, in any
combination thereof, at least 15 organizations or affiliate organizations for a
consecutive period of 5 years or more.

9. Subsidiary
means an organization for buying goods or services at a discount that is owned,
operated or controlled, either directly or indirectly or in whole or in part,
by a parent business entity.

Sec. 2. NRS 598.851 is hereby amended to read
as follows:

598.851 Before advertising its services or conducting
business in this State, an organization for buying goods or services at a
discount must register pursuant to NRS 598.721 and post security in the amount
of $50,000 with the Consumer Affairs Division [of the Department of
Business and Industry] pursuant to NRS 598.726. The
security must be conditioned on compliance by the organization with the
provisions of NRS 598.840 to 598.930, inclusive, [and this section, and]
the terms of the buyers contract
for membership in the organization
and the terms of any contract with the buyer [.] for the purchase of goods or services.

Sec. 3. NRS 598.855 is hereby amended to read
as follows:

598.855 1. Before the organization receives any money
from any buyer pursuant to a contract for membership in the organization, it
shall establish a trust account for payments on contracts at a financial
institution that is federally insured or insured by a private insurer approved
pursuant to NRS 678.755. Each payment from a buyer for his contract for
membership , except
for $50 of the first payment, must be deposited in the trust account. [During]

2. Except
as otherwise provided in subsection 3, during each quarter of the
term of a buyers contract
or each 6 months, whichever period
is shorter, the trustee shall withdraw one - quarter of the buyers payments under the contract from
the trust account
and pay the amount to the organization.

[2.] 3.If an affiliate organization obtains the express consent of
its parent and the parent posts the security required by subsection 4, the
affiliate organization may:

(a) Authorize
the parent to serve as the trustee pursuant to NRS 598.865 for the trust
accounts required by this section and NRS 598.860; and

(b) Authorize
the trustee to make the following withdrawals from the trust account required
by this section:

(1)
During the first quarter of the term of a buyers contract or the first 6
months, whichever period is shorter, the trustee shall withdraw not more than
one-half of the buyers payments under the contract from the trust account and
pay the amount to the affiliate organization; and

(2)
During the second quarter of the term of the buyers contract or the second 6
months, whichever period is shorter, the trustee shall withdraw the remaining
balance of the buyers payments under the contract from the trust account and
pay the amount to the affiliate organization.

4. Before
a trustee may withdraw money from a trust account pursuant to subsection 3, the
parent must post security in the amount of $250,000 with the Consumer Affairs
Division pursuant to NRS 598.726. The security posted by the parent:

(a) Provides
coverage for all of the parents affiliate organizations that are authorized to
act pursuant to subsection 3;

(b) Must
be conditioned on compliance by such an affiliate organization with the provisions
of NRS 598.840 to 598.930, inclusive, the terms of the buyers contract for
membership in the affiliate organization
and the terms of any contract with the buyer for the purchase of goods or
services; and

and the terms of
any contract with the buyer for the purchase of goods or services; and

(c) May be
used to pay a claim against such an affiliate organization only if the security
posted by the affiliate organization pursuant to NRS 598.851 has been
exhausted.

5. If
the organization sells, transfers or assigns the contract with the buyer to a
third party, and the third party gives reasonable consideration for the
contract, the organization shall deposit the consideration in the trust
account. If the third party does not give reasonable consideration for the
contract, the organization shall deposit all payments on the contract from the
buyer in the organizations trust account for payments on the contract.

Sec. 4. NRS 598.865 is hereby amended to read
as follows:

598.865 1. [The]Except as otherwise provided in
subsection 3 of NRS 598.855, the trust accounts required by NRS
598.855 and 598.860 must be administered by an independent trustee approved by
the Commissioner. All fees charged by the trustee to administer [an]a trust account must
be paid by the organization.

2. The trustee shall withdraw money from the trust
account for payments on goods or services only upon written proof from the
source of the goods or services that the items have been shipped or delivered
to the buyer. The Commissioner may audit the trustee as necessary to ensure
compliance with NRS 598.840 to 598.930, inclusive.

Sec. 5. NRS 598.875 is hereby amended to read
as follows:

598.875 Each contract for membership in an
organization must:

1. Be in writing, legible and have all spaces filled
in before the buyer signs it;

2. Be in the language in which the sales presentation
was given;

3. Contain the addresses of the buyer and the
organization;

4. Be given to the buyer when he signs it;

5. Disclose that the security required by NRS 598.726 , 598.851 and, if applicable, NRS
598.855 has been obtained and deposited with the [Commissioner;] Consumer Affairs Division;

6. Specify the term of the membership of the buyer,
which may not be measured by the buyers life; [and]

7. Clearly specify the
buyers right to cancel the contract pursuant to NRS 598.885 [.];

8.Clearly
specify the buyers right to rescind the contract and to be given a refund pro
rata pursuant to NRS 598.910 and the conditions and limitations on that right;

9.Clearly
specify the buyers right to a refund on the purchase of goods pursuant to NRS
598.895 and the conditions and limitations on that right; and

10.Clearly
specify whether or not the buyer is given any other rights to a refund on the
purchase of goods or services and, if so, any conditions and limitations on
those rights.

Sec. 6. NRS 598.910 is hereby amended to read
as follows:

598.910 1. If an organization transfers its
obligation to provide goods or services to a buyer to another organization
which provides substantially fewer goods or services, the buyer may consent to
the transfer in writing after a full disclosure to him of the goods and
services to be provided by the new organization. If a buyer does not consent,
his contract is rescinded, and he must be given a refund
pro rata based on the amount of time he was a member of the organization.

he must be given a refund pro rata based on the amount of
time he was a member of the organization.

2. The buyer may rescind the contract and the
organization shall give him a refund pro rata based on the amount of time he
was a member[,
if:

(a) The]of the organization if any of the
following circumstances occur:

(a) Except
as otherwise provided in this paragraph, the organization moves
its place of business which is geographically closest to the buyers residence , as indicated in the
contract, more than 20 miles farther from the buyers residence than it was
when the contract for membership was signed . [; or] The provisions of this paragraph do not
apply if:

(1) The
organization offers the buyer a substantially equivalent at-home ordering
service through at least one other generally available channel of
communication, including, without limitation, the Internet;

(2) The
at-home ordering service offers the same categories of goods and services
provided by the organization at the time the organization moves its place of
business; and

(3) Any
goods ordered by the buyer through the at-home ordering service are shipped, at
the election of the buyer, to either the buyers residence, as indicated in the
contract, or a freight receiver within 20 miles of that residence.

(b) Within 6 months after the contract for membership
was signed, the organization stops providing any category of goods or services
represented to the buyer to be available when he signed the contract.

________

CHAPTER 366, AB 454

Assembly Bill No. 454Committee on Health and Human
Services

CHAPTER 366

AN ACT relating to
mental retardation; providing for the regulation of certain services provided
to mentally retarded persons in their homes to maximize independence; requiring
certification to provide such services; requiring the Legislative Committee on
Health Care to review certain regulations concerning providers of supported
living arrangement services; exempting certain persons who provide supported
living arrangement services from the state certification and licensing
requirements for practicing nursing in this State; and providing other matters
properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
435 of NRS is hereby amended by adding thereto the provisions set forth in
sections 2 to 12, inclusive, of this act.

Sec. 2. As
used in sections 2 to 12, inclusive, of this act, unless the context otherwise
requires, the words and terms defined in sections 3 and 4 of this act have the
meanings ascribed to them in those sections.

Sec. 3. Certificate
means a certificate to provide supported living arrangement services that is
issued pursuant to sections 2 to 12, inclusive, of this act and the regulations adopted pursuant to sections 2
to 12, inclusive, of this act.

of this act and the
regulations adopted pursuant to sections 2 to 12, inclusive, of this act.

Sec. 4. Supported
living arrangement services means flexible, individualized services provided
in the home, for compensation, to a mentally retarded person or a person with a
related condition who is served by the Division that are designed and
coordinated to assist the person in maximizing his independence, including,
without limitation, training and habilitation services.

Sec. 5. 1.
No partnership, firm, corporation, association, state or local government or
agency thereof may provide supported living arrangement services in this State
without first obtaining a certificate from the Division.

2. No natural
person other than a person who is employed by an entity listed in subsection 1
may provide supported living arrangement services in this State without first
obtaining a certificate from the Division.

(a) Standards for the provision of quality care by
providers of supported living arrangement services;

(b) The requirements for the issuance and renewal of a
certificate to provide supported living arrangement services; and

(c) The rights
of consumers of supported living arrangement services, including, without
limitation, the right of a consumer to file a complaint and the procedure for
filing such a complaint.

2. The
Division may enter into such agreements with public and private agencies as it
deems necessary for the provision of supported living arrangement services.

3. For each
regulation adopted pursuant to sections 2 to 12, inclusive, of this act, and
submitted to the Legislative Counsel pursuant to NRS 233B.067 for review by the
Legislative Commission, the Division shall set forth in the informational
statement prepared pursuant to NRS 233B.066 that accompanies the regulation any
supported living arrangement services that the regulation authorizes persons to
provide pursuant to NRS 632.340 when the persons would otherwise be prohibited
from providing such services pursuant to NRS 632.315.

Sec. 7. 1.
The Division may, by regulation, prescribe a fee for:

(a) The
issuance of a certificate; and

(b) The renewal
of a certificate.

2. A fee
prescribed pursuant to subsection 1 must be calculated to produce the revenue
estimated to cover the costs related to the certifications and renewals, but in
no case may a fee for a certificate or renewal of a certificate exceed the
actual cost to the Division of issuing or renewing the certificate, as
applicable.

Sec. 8. The Division may:

1. Upon receipt of an application for a certificate,
conduct an investigation into the qualifications of personnel, methods of
operation, policies and purposes of any natural person, partnership, firm,
corporation, association, state or local government or agency thereof proposing
to provide supported living arrangement services;

2. Upon receipt of a complaint against a natural
person, partnership, firm, corporation, association, state or local government
or agency thereof providing supported living
arrangement services, except for a complaint concerning the cost of services,
conduct an investigation into the qualifications of personnel, methods of
operation, policies, procedures and records of the provider of services; and

providing supported living arrangement services, except for
a complaint concerning the cost of services, conduct an investigation into the qualifications
of personnel, methods of operation, policies, procedures and records of the
provider of services; and

3. Employ such professional, technical and clerical
assistance as it deems necessary to carry out the provisions of sections 2 to
12, inclusive, of this act.....................................................................................................

Sec. 9. 1.
The Division may bring an action in the name of the State to enjoin any natural
person, partnership, firm, corporation, association, state or local government
or agency thereof from providing supported living arrangement services:

(a) Without
first obtaining a certificate from the Division; or

(b) After
his or its certificate has been revoked or suspended by the Division.

2. It is
sufficient in such an action to allege that the defendant did, on a certain
date and in a certain place, provide supported living arrangement services
without a certificate.

Sec. 10.1. A natural person who applies for the issuance or renewal of a
certificate must submit to the Division the statement prescribed by the Welfare
Division of the Department pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.

2. The
Division shall include the statement required pursuant to subsection 1 in:

(a) The
application or any other forms that must be submitted for the issuance or
renewal of the certificate; or

(b) A
separate form prescribed by the Division.

3. A
certificate may not be issued or renewed by the Division if the applicant is a
natural person who:

(a) Fails
to submit the statement required pursuant to subsection 1; or

(b) Indicates
on the statement submitted pursuant to subsection 1 that he is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order.

4. If an
applicant indicates on the statement submitted pursuant to subsection 1 that he
is subject to a court order for the support of a child and is not in compliance
with the order or a plan approved by the district attorney or other public
agency enforcing the order for the repayment of the amount owed pursuant to the
order, the Division shall advise the applicant to contact the district attorney
or other public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.

Sec. 11. The application of a natural person who applies for the issuance of a
certificate must include the social security number of the applicant.

Sec. 12. 1. If the Division receives a copy of a court order issued pursuant to
NRS 425.540 that provides for the suspension of all professional, occupational
and recreational licenses, certificates and permits issued to a natural person
who is the holder of a certificate, the Division shall deem the certificate
issued to that person to be suspended at the end of the 30th day after the date
the court order was issued unless the Division receives a letter issued to the
holder of the certificate by the district
attorney or other public agency pursuant to NRS 425.550 stating that the holder
of the certificate has complied with the subpoena or warrant or has satisfied
the arrearage pursuant to NRS 425.560.

district attorney or
other public agency pursuant to NRS 425.550 stating that the holder of the
certificate has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.

2. The
Division shall reinstate a certificate that has been suspended by a district
court pursuant to NRS 425.540 if the Division receives a letter issued by the
district attorney or other public agency pursuant to NRS 425.550 to the person
whose certificate was suspended stating that the person whose certificate was
suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.

Sec. 13. NRS 439B.225 is hereby amended to
read as follows:

439B.225 1.As
used in this section, licensing board means any division or board empowered to adopt standards
for licensing or registration or for the renewal of licenses or certificates of
registration pursuant to chapter 449, 625A, 630, 630A, 631, 632, 633, 634,
634A, 635, 636, 637, 637A, 637B, 639, 640, 640A, 641, 641A, 641B, 641C, 652 or
654 of NRS[.] or sections 2 to 12, inclusive, of this
act.

2.The
Committee shall review each regulation that a licensing board proposes or
adopts that relates to standards for licensing or registration or to the
renewal of a license or certificate of registration issued to a person or
facility regulated by the board, giving consideration to:

(a)Any
oral or written comment made or submitted to it by members of the public or by
persons or facilities affected by the regulation;

(b)The
effect of the regulation on the cost of health care in this State;

(c)The
effect of the regulation on the number of licensed or registered persons and
facilities available to provide services in this State; and

(d)Any
other related factor the Committee deems appropriate.

3.After
reviewing a proposed regulation, the Committee shall notify the agency of the
opinion of the Committee regarding the advisability of adopting or revising the
proposed regulation.

4.The
Committee shall recommend to the Legislature as a result of its review of
regulations pursuant to this section any appropriate legislation.

Sec. 14. Chapter 449 of NRS is hereby amended
by adding thereto the provisions set forth as sections 15 and 16 of this act.

Sec. 15. Provider of supported living arrangement services means a
natural person who or a partnership, firm, corporation, association, state or
local government or agency thereof that has been issued a certificate pursuant
to sections 2 to 12, inclusive, of this act and the regulations adopted
pursuant to sections 2 to 12, inclusive, of this act.

Sec. 16. Supported living arrangement services has the meaning ascribed to it in
section 4 of this act.

Sec. 17. NRS 449.001 is hereby amended to
read as follows:

449.001 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 449.0015 to 449.019,
inclusive, and sections 15 and 16
of this act have the meanings ascribed to them in those sections.

Sec. 18. NRS 449.0015 is hereby amended to
read as follows:

449.0015 Agency to provide nursing in the home means
any person or governmental organization which provides in the home, through its
employees or by contractual arrangement with other persons, skilled nursing and
assistance and training in health and housekeeping skills. The term does not include a provider of supported living
arrangement services during any period in
which the provider of supported living arrangement services is engaged in
providing supported living arrangement services.

period in which
the provider of supported living arrangement services is engaged in providing
supported living arrangement services.

Sec. 19. NRS 449.0105 is hereby amended to
read as follows:

449.0105 Home for individual residential care means
a home in which a natural person furnishes food, shelter, assistance and
limited supervision, for compensation, to not more than two persons who are
aged, infirm, mentally retarded or handicapped, unless the persons receiving
those services are related within the third degree of consanguinity or affinity
to the person providing those services. The term does not include [a]:

1. A halfway
house for recovering alcohol and drug abusers[.] ; or

2. A home
in which supported living arrangement services are provided by a provider of
supported living arrangement services during any period in which the provider
of supported living arrangement services is engaged in providing supported
living arrangement services.

Sec. 20. NRS 449.0153 is hereby amended to
read as follows:

449.0153 Nursing pool means a person or agency which
provides for compensation, through its employees or by contractual arrangement
with other persons, nursing services to any natural person, medical facility or
facility for the dependent. The term does not include [an]:

1. An independent
contractor who provides such services without the assistance of employees [or
a];

2. A nursing
pool based in a medical facility or facility for the dependent[.] ; or

3. A
provider of supported living arrangement services during any period in which
the provider of supported living arrangement services is engaged in providing
supported living arrangement services.

Sec. 21. NRS 632.340 is hereby amended to
read as follows:

632.340 The provisions of NRS 632.315 do not prohibit:

1. Gratuitous nursing by friends or by members of the
family of a patient.

2. The incidental care of the sick by domestic
servants or persons primarily employed as housekeepers as long as they do not
practice nursing within the meaning of this chapter.

3. Nursing assistance in the case of an emergency.

4. The practice of nursing by students enrolled in
accredited schools of nursing or by graduates of those schools or courses
pending the results of the first licensing examination scheduled by the Board
following graduation. A student or graduate may not work as a nursing assistant
unless he is certified to practice as a nursing assistant pursuant to the
provisions of this chapter.

5. The practice of nursing in this State by any
legally qualified nurse or nursing assistant of another state whose engagement
requires him to accompany and care for a patient temporarily residing in this
State during the period of one such engagement, not to exceed 6 months, if the
person does not represent or hold himself out as a nurse licensed to practice
in this State or as a nursing assistant who holds a certificate to practice in
this State.

6. The practice of any legally qualified nurse of
another state who is employed by the United States Government or any bureau, division
or agency thereof, while in the discharge of his official duties in this State.

7. Nonmedical nursing for the care of the sick, with
or without compensation, if done by the adherents of, or in connection with,
the practice of the religious tenets of any well-recognized church or religious denomination, if that nursing does not amount to the practice
of practical or professional nursing as defined in NRS 632.017 and 632.018,
respectively.

(a) That person
has been issued a certificate pursuant to sections 2 to 12, inclusive, of this
act and the regulations adopted pursuant to sections 2 to 12, inclusive, of
this act; or

(b) That person
is employed or retained as an independent contractor by a partnership, firm,
corporation or association, state or local government or agency thereof that
has been issued a certificate pursuant to sections 2 to 12, inclusive, of this
act and the regulations adopted pursuant to sections 2 to 12, inclusive of this
act.

Κ As used in this subsection,
supported living arrangement services has the meaning ascribed to it in
section 4 of this act.

Sec. 22. Notwithstanding the provisions of section 5
of this act, a person, partnership, firm, corporation, association, state or
local government or agency thereof is not required to possess a certificate
issued by the Division of Mental Health and Developmental Services of the
Department of Human Resources to provide supported living arrangement services
in this State before January 1, 2006, unless the Division establishes, by
regulation, an earlier date for compliance with section 5 of this act.

Sec. 23. 1. This section and section 22 of this act
become effective upon passage and approval.

2. Sections 1 to 21, inclusive, of this act become
effective upon passage and approval for the purpose of adopting regulations and
on October 1, 2005, for all other purposes.

3. Sections 10, 11 and 12 of this act expire by limitation
on the date on which the provisions of 42 U.S.C. § 666 requiring each state to
establish procedures under which the state has authority to withhold or
suspend, or to restrict the use of professional, occupational and recreational
licenses of persons who:

(a) Have failed to comply with the subpoena or warrant
relating to a proceeding to determine the paternity of a child or to establish
or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or
more children,

Κ are repealed by
the Congress of the United States.

________

CHAPTER 367, SB 52

Senate Bill No. 52Senator Townsend

CHAPTER 367

AN ACT relating to
local governments; authorizing the board of county commissioners of a county
and the governing body of a city to designate persons who are charged with the
enforcement of county or city ordinances to prepare, sign and serve written
citations for violations of county or city ordinances in their jurisdiction;
increasing the amount that the governing body of a city is authorized to impose
as a civil penalty for a violation of certain city ordinances; requiring that
if a county board of health, city board of health or district board of health has adopted a
definition of garbage, that certain ordinances adopted by the governing body of
an incorporated city use that definition; revising the provisions governing the
authority of the governing body of a city to abate certain conditions on
private property; authorizing persons charged with the enforcement of county or
city ordinances to remove abandoned vehicles from public property in their
jurisdiction; and providing other matters properly relating thereto.

of health has
adopted a definition of garbage, that certain ordinances adopted by the governing
body of an incorporated city use that definition; revising the provisions
governing the authority of the governing body of a city to abate certain
conditions on private property; authorizing persons charged with the
enforcement of county or city ordinances to remove abandoned vehicles from
public property in their jurisdiction; and providing other matters properly
relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
171.17751 is hereby amended to read as follows:

171.17751 1. Any board of county commissioners or
governing body of a city may designate the chief officer of the organized fire
department or any employees designated by him, and certain of its inspectors of
solid waste management, building, housing and licensing inspectors, zoning
enforcement officers, parking enforcement officers, animal control officers,
traffic engineers, [and] marshals and park rangers of units
of specialized law enforcement established pursuant to NRS 280.125, and other persons charged with the
enforcement of county or city ordinances, to prepare, sign and
serve written citations on persons accused of violating a county or city
ordinance.

2. The State Health Officer and the health officer of
each county, district and city may designate certain of his employees to
prepare, sign and serve written citations on persons accused of violating any
law, ordinance or regulation of a board of health that relates to public health.

3. The Chief of the Manufactured Housing Division of
the Department of Business and Industry may designate certain of his employees
to prepare, sign and serve written citations on persons accused of violating
any law or regulation of the Division relating to the provisions of chapters
118B, 461, 461A and 489 of NRS.

4. The State Contractors Board may designate certain
of its employees to prepare, sign and serve written citations on persons
pursuant to subsection 2 of NRS 624.115.

5. An employee designated pursuant to this section:

(a) May exercise the authority to prepare, sign and
serve citations only within the field of enforcement in which he works;

(b) May, if he is employed by a city or county,
prepare, sign and serve a citation only to enforce an ordinance of the city or
county by which he is employed; and

(c) Shall comply with the provisions of NRS 171.1773.

Sec. 2. NRS 268.019 is hereby amended to read
as follows:

268.019 [The]

1. Except
as otherwise provided in subsection 2, the governing body of an
incorporated city may by ordinance provide that the violation of a particular
ordinance of such governing body imposes a civil liability to the city in an
amount not to exceed $500instead
of a criminal sanction.

2. The
governing body of an incorporated city may by ordinance provide that a
violation of an ordinance adopted by the governing body pursuant to NRS 268.4122 by the owner of commercial property
imposes a civil liability to the city in an amount not to exceed $1,000 instead
of a criminal sanction.

pursuant to NRS
268.4122 by the owner of commercial property imposes a civil liability to the
city in an amount not to exceed $1,000 instead of a criminal sanction.

Sec. 3. NRS 268.4122 is hereby amended to
read as follows:

268.4122 1. The governing body of a city may adopt by
ordinance procedures pursuant to which the governing body or its designee may
order an owner of property within the city to:

(a) Repair, safeguard or eliminate a dangerous
structure or condition;

(b) Clear debris, rubbish ,[and]
refuse , litter, garbage,
abandoned or junk vehicles or junk appliances which [is]are not subject to
the provisions of chapter 459 of NRS; or

(c) Clear weeds and noxious plant growth,

Κ to protect
the public health, safety and welfare of the residents of the city.

2. An ordinance adopted pursuant to subsection 1 must:

(a) Contain procedures pursuant to which the owner of
the property is:

(1) Sent a notice, by certified mail, return
receipt requested, of the existence on his property of a condition set forth in
subsection 1 and the date by which he must abate the condition; and

(2) Afforded an opportunity for a hearing before
the designee of the governing body and an appeal of that decision. The
ordinance must specify whether all such appeals are to be made to the governing
body or to a court of competent jurisdiction.

(b) Provide that the date specified in the notice by
which the owner must abate the condition is tolled for the period during which
the owner requests a hearing and receives a decision.

(c) Provide the manner in which the city will recover
money expended for labor and materials used to abate the condition on the
property if the owner fails to abate the condition.

(d) Provide for civil penalties for each day that the
owner did not abate the condition after the date specified in the notice by
which the owner was requested to abate the condition.

(e) If the
county board of health, city board of health or district board of health in
whose jurisdiction the incorporated city is located has adopted a definition of
garbage, use the definition of garbage adopted by the county board of health,
city board of health or district board of health, as applicable.

3. The governing body or its designee may direct the
city to abate the condition on the property and may recover the amount expended
by the city for labor and materials used to abate the condition if:

(a) The owner has not requested a hearing within the
time prescribed in the ordinance adopted pursuant to subsection 1 and has
failed to abate the condition on his property within the period specified in
the notice;

(b) After a hearing in which the owner did not prevail,
the owner has not filed an appeal within the time prescribed in the ordinance
adopted pursuant to subsection 1 and has failed to abate the condition within
the period specified in the order; or

(c) The governing body or a court of competent
jurisdiction has denied the appeal of the owner and the owner has failed to
abate the condition within the period specified in the order.

4. In addition to any other reasonable means of
recovering money expended by the city to abate the condition, the governing
body may make the expense a special assessment against the property upon which
the condition is or was located.

condition is or was located. The special assessment may be
collected at the same time and in the same manner as ordinary county taxes are
collected, and is subject to the same penalties and the same procedure and sale
in case of delinquency as provided for ordinary county taxes. All laws
applicable to the levy, collection and enforcement of county taxes are
applicable to such a special assessment.

5. As used in this section, dangerous structure or
condition means a structure or condition that may cause injury to or endanger
the health, life, property ,[or] safety or welfare of the general public or the
occupants, if any, of the real property on which the structure or condition is
located. The term includes, without limitation, a structure or condition that:

(a) Does not meet the requirements of a code or
regulation adopted pursuant to NRS 268.413 with respect to minimum levels of
health , maintenance or
safety; or

(b) Violates an ordinance, rule or regulation
regulating health and safety enacted, adopted or passed by the governing body
of a city, the violation of which is designated as a nuisance in the ordinance,
rule or regulation.

Sec. 4. NRS 487.230 is hereby amended to read
as follows:

487.230 1. Any sheriff, constable, member of the
Nevada Highway Patrol, officer of the Legislative Police, investigator of the
Division of Compliance Enforcement of the Department, personnel of the Capitol
Police Division of the Department of Public Safety, designated employees of the
Manufactured Housing Division of the Department of Business and Industry,
special investigator employed by the office of a district attorney, marshal or
policeman of a city or town, [or] a marshal or park ranger who is part
of a unit of specialized law enforcement established pursuant to NRS 280.125 , or any other person charged with the
enforcement of county or city ordinances who has reason to
believe that a vehicle has been abandoned on public property in his
jurisdiction may remove the vehicle from that property. At the request of the
owner or person in possession or control of private property who has reason to
believe that a vehicle has been abandoned on his property, the vehicle may be
removed by the operator of a tow car or an automobile wrecker from that private
property.

2. A person who authorizes the removal of an abandoned
vehicle pursuant to subsection 1 shall:

(a) Have the vehicle taken to the nearest garage or
other place designated for storage by:

(1) The state agency or political subdivision
making the request, if the vehicle is removed from public property.

(2) The owner or person in possession or control
of the property, if the vehicle is removed from private property.

(b) Make all practical inquiries to ascertain if the
vehicle is stolen by checking the license plate number, vehicle identification
number and other available information which will aid in identifying the
registered and legal owner of the vehicle and supply the information to the
person who is storing the vehicle.

Sec. 5. This act becomes effective on July 1, 2005.

________

κ2005
Statutes of Nevada, Page 1385κ

CHAPTER 368, SB 466

Senate Bill No.
466Committee on Government Affairs

CHAPTER 368

AN ACT relating to
water; requiring certain public bodies to make written determinations before
selling or leasing for a certain period their water rights; and providing other
matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
533 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. Notwithstanding any other provision of law, a public
body shall not sell or lease for a term of more than 5 years a water right
owned by the public body unless the public body, after holding at least one
public hearing at which public comment was solicited, has issued written
findings that:

(a) The sale or lease of the water right is consistent
with the prudent, long-term management of the water resources within the
jurisdiction of the public body;

(b) The sale or lease of the water right will not
deprive residents and businesses within the jurisdiction of the public body of
reasonable access to water resources for growth and development;

(c) The sale or lease of the water right is a
reasonable means of promoting development and use of the water right; and

(d) The means by which the water right is sold or
leased reasonably ensures that the public body will receive the actual value of
the water right or comparable economic benefits.

2. As used in
this section, public body means the State or a county, city, town, school
district or any public agency of this State or its political subdivisions. The
term does not include a water district organized pursuant to a special act of
the Legislature or a water authority organized as a political subdivision
created by a cooperative agreement.

Sec. 2. This act becomes effective upon passage and
approval.

________

CHAPTER 369, SB 110

Senate Bill No. 110Committee on Finance

CHAPTER 369

AN ACT relating to
airports; changing the name of the Airport Authority of Washoe County to the
Reno-Tahoe Airport Authority; exempting certain contracts entered into by the
Board of Trustees of the Authority from provisions requiring public bidding and
certain other requirements under certain circumstances; and providing other
matters properly relating thereto.

Section 1. The
Airport Authority Act for Washoe County, being Chapter 474, Statutes of Nevada
1977, at page 968, is hereby amended by adding thereto a new section to be
designated as section 9.5, immediately following section 9, to read as follows:

Sec. 9.5. 1. Except as
otherwise determined by the Board or provided in subsection 2, the provisions
of any law requiring public bidding or otherwise imposing requirements on any
public contract, project, acquisition, works or improvements, including,
without limitation, the provisions of chapters 332, 338 and 339 of NRS, do not
apply to any contract entered into by the Board if the Board:

(a)Complies with the provisions of
subsection 3; and

(b)Finances the contract, project,
acquisition, works or improvement by means of:

(1)Revenue bonds issued by the Authority;
or

(2)An installment obligation of the
Authority in a transaction in which:

(I)The Authority acquires real or personal
property and another person acquires or retains a security interest in that or
other property; and

(II) The obligation
by its terms is extinguished by failure of the Board to appropriate money for
the ensuing fiscal year for payment of the amounts then due.

2. A contract entered into by
the Board pursuant to this section must:

(a)Contain a provision stating that the
requirements of NRS 338.010 to 338.090, inclusive, apply to any construction
work performed pursuant to the contract; and

(b) If the contract is with a design professional who is not a member of a
design-build team,
comply with the provisions of NRS 338.155. As used in this paragraph, design
professional has the meaning ascribed to it in subsection 7 of NRS 338.010.

3. For contracts entered into
pursuant to this section that are exempt from the provisions of chapters 332,
338 and 339 of NRS pursuant to subsection 1, the Board shall adopt regulations
pursuant to subsection 4 which establish:

(a) One or more competitive
procurement processes for letting such a contract; and

(b) A method by which a bid on
such a contract will be adjusted to give a 5 percent preference to a contractor
who would qualify for a preference pursuant to NRS 338.147, if:

(1) The estimated cost of
the contract exceeds $250,000; and

(2) Price is a factor in
determining the successful bid on the contract.

4. The Board:

(a) Shall, before adopting,
amending or repealing a permanent or temporary regulation pursuant to
subsection 3, give at least 30 days notice of its intended action. The notice
must:

(I) A statement of
the need for and purpose of the proposed regulation.

(II) Either the terms
or substance of the proposed regulation or a description of the subjects and
issues involved.

(III) The estimated
cost to the Board for enforcement of the proposed regulation.

(IV) The time when,
the place where and the manner in which interested persons may present their
views regarding the proposed regulation.

(V) A statement indicating
whether the regulation establishes a new fee or increases an existing fee.

(2) State each address at
which the text of the proposed regulation may be inspected and copied.

(3) Be mailed to all
persons who have requested in writing that they be placed upon a mailing list,
which must be kept by the Authority for that purpose.

(b) May adopt, if it has adopted
a temporary regulation after notice and the opportunity for a hearing as
provided in this subsection, after providing a second notice and the
opportunity for a hearing, a permanent regulation.

(c) Shall, in addition to
distributing the notice to each recipient of the Boards regulations, solicit
comment generally from the public and from businesses to be affected by the
proposed regulation.

(d) Shall, before conducting a
workshop pursuant to paragraph (g), determine whether the proposed regulation
is likely to impose a direct and significant economic burden upon a small
business or directly restrict the formation, operation or expansion of a small
business. If the Board determines that such an impact is likely to occur, the
Board shall:

(1) Insofar as practicable,
consult with owners and officers of small businesses that are likely to be
affected by the proposed regulation.

(2) Consider methods to
reduce the impact of the proposed regulation on small businesses.

(3) Prepare a small
business impact statement and make copies of the statement available to the
public at the workshop conducted pursuant to paragraph (g) and the public
hearing held pursuant to paragraph (h).

(e) Shall ensure that a small
business impact statement prepared pursuant to subparagraph (3) of paragraph
(d) sets forth the following information:

(1) A description of the
manner in which comment was solicited from affected small businesses, a summary
of their response and an explanation of the manner in which other interested
persons may obtain a copy of the summary.

(2) The estimated economic
effect of the proposed regulation on the small businesses which it is to regulate,
including, without limitation:

(3) A description of the
methods that the Board considered to reduce the impact of the proposed
regulation on small businesses and a statement regarding whether the Board
actually used any of those methods.

(4) The estimated cost to
the Board for enforcement of the proposed regulation.

(5) If the proposed
regulation provides a new fee or increases an existing fee, the total annual
amount the Board expects to collect and the manner in which the money will be
used.

(f) Shall afford a reasonable
opportunity for all interested persons to submit data, views or arguments upon
the proposed regulation, orally or in writing.

(g) Shall, before holding a
public hearing pursuant to paragraph (h), conduct at least one workshop to
solicit comments from interested persons on the proposed regulation. Not less
than 15 days before the workshop, the Board shall provide notice of the time
and place set for the workshop:

(1) In writing to each
person who has requested to be placed on a mailing list; and

(2) In any other manner
reasonably calculated to provide such notice to the general public and any
business that may be affected by a proposed regulation which addresses the
general topics to be considered at the workshop.

(h) Shall set a time and place for
an oral public hearing, but if no one appears who will be directly affected by
the proposed regulation and requests an oral hearing, the Board may proceed
immediately to act upon any written submissions. The Board shall consider fully
all written and oral submissions respecting the proposed regulation.

(i) Shall keep, retain and make
available for public inspection written minutes of each public hearing held
pursuant to paragraph (h) in the manner provided in subsections 1 and 2 of NRS
241.035.

(j) May record each public
hearing held pursuant to paragraph (h) and make those recordings available for
public inspection in the manner provided in subsection 4 of NRS 241.035.

(k) Shall ensure that a small
business which is aggrieved by a regulation adopted pursuant to this subsection
may object to all or a part of the regulation by filing a petition with the
Board within 90 days after the date on which the regulation was adopted. Such
petition may be based on the following:

(1) The Board failed to
prepare a small business impact statement as required pursuant to subparagraph
(3) of paragraph (d); or

(2) The small business
impact statement prepared by the Board did not consider or significantly
underestimated the economic effect of the regulation on small businesses.

Κ After receiving a petition pursuant to
this paragraph, the Board shall determine whether the petition has merit. If
the Board determines that the petition has merit, the Board may, pursuant to
this subsection, take action to amend the regulation to which the small
business objected.

5. The
determinations made by the Board pursuant to this section are conclusive unless
it is shown that the Board acted with fraud or a gross abuse of discretion.

Sec. 2. The title of the Airport Authority Act
for Washoe County, being Chapter 474, Statutes of Nevada 1977, at page
968, is hereby amended to read as follows:

AN ACT
creating the Reno-Tahoe Airport
Authority ; [of
Washoe County;] making legislative findings and
declarations; defining certain words and terms; providing for the appointment,
number, terms, compensation, duties and powers of a board of trustees; specifying
the powers of the Authority, including the power to levy and collect general
(ad valorem) taxes, borrow money and issue securities to evidence such borrowing;
requiring the transfer of airport properties, functions and outstanding
obligations of the City of Reno to the Authority; providing penalties; and
providing other matters properly relating thereto.

Sec. 3. Section 1 of the Airport Authority Act
for Washoe County, being Chapter 474, Statutes of Nevada 1977, as amended by Chapter
668, Statutes of Nevada 1979, at page 1644, is hereby amended to read as
follows:

Section 1. This act may be cited as the Reno-Tahoe Airport
Authority Act .[for
Washoe County.]

Sec. 4. Section 2 of the Airport Authority Act
for Washoe County, being Chapter 474, Statutes of Nevada 1977, as amended by Chapter
668, Statutes of Nevada 1979, at page 1645, is hereby amended to read as
follows:

Sec.
2. 1. The Legislature finds that:

(a) The airport of the City of Reno has traditionally
been operated by the City as a municipal function and originally served
primarily the city residents.

(b) With the development of multiple contiguous
communities, suburban living and rapid increases in recreational pursuits by
the traveling public, the airport of the City of Reno is now serving the
inhabitants of a large geographical area and ever-increasing numbers of
tourists.

(c) What was once a municipal airport in both name and
fact is now a regional airport.

(d) The financial problems of the airport have become
more complex and administrative activities are required to be more responsive
to the community at large and the directly paying airport tenants and users.

(e) The City of Reno is unable to operate the airport
effectively within the traditional framework of local government, evidencing
the need to create a special governmental corporation to provide specific
facilities and services to the public.

(f) Development of the modern airport requires the
expenditure of vast sums of money for land acquisitions and capital
improvements not available to the City of Reno through the issuance of
municipal securities secured by general obligation tax receipts.

(g) Because of special circumstances and conditions a
general law cannot be made applicable, and this special act will allow the tax burden to spread over Washoe County rather than coming to rest
solely upon the principal municipality of Washoe County.

burden to spread over Washoe County rather than coming to
rest solely upon the principal municipality of Washoe County.

(h) This act will accommodate the expanding urban
population patterns, provide adequate funding and establish the administrative
machinery necessary to insure adequate air service to the region.

2. It is hereby declared as a matter of legislative
determination that:

(a) The organization of the Reno-Tahoe Airport Authority [of
Washoe County] having the purposes, powers, rights, privileges
and immunities provided in this act will serve a public use and will promote
the general welfare by facilitating safe and convenient air travel and
transport to and from the Reno area.

(b) The acquisition, operation and financing of
airports and related facilities by the Reno-Tahoe Airport Authority [of
Washoe County] is for a public and governmental purpose
and a matter of public necessity.

(c) The Reno-Tahoe
Airport Authority [of Washoe County] is a body corporate
and politic and a quasi-municipal corporation, the geographical boundaries of
which are conterminous with the boundaries of Washoe County.

(d) For the accomplishment of the purposes stated in
this subsection, the provisions of this act shall be broadly construed.

Sec. 5. Section 3 of the Airport Authority Act
for Washoe County, being Chapter 474, Statutes of Nevada 1977, as amended by Chapter
668, Statutes of Nevada 1979, at page 1646, is hereby amended to read as
follows:

Sec.
3. As used in this act the following words or phrases are
defined as follows:

1. Airport means any one or more airports or
heliports and related facilities, including but not limited to land and
interests in land, facilities for storage of air and space craft, navigation
and landing aids, taxiways, pads, aprons, control towers, passenger and cargo
terminal buildings, hangars, administration and office buildings, garages,
parking lots and such other structures, facilities and improvements as are
necessary or convenient to the development and maintenance of airports and heliports
and for the promotion and accommodation of air and space travel, commerce and
navigation.

2. Authority means the Reno-Tahoe Airport Authority [of
Washoe County] created pursuant to the provisions of this
act.

3. Board of Trustees and Board each means the
Board of Trustees of the Authority.

4. Carrier means any person or corporation engaged
in the air or space transportation of passengers or cargo.

5. City of Reno means the municipal corporation in
Washoe County, Nevada, created and existing pursuant to the provisions of
chapter 662, Statutes of Nevada 1971, as amended.

6. City of Sparks means the municipal corporation in
Washoe County, Nevada, created and existing pursuant to the provisions of
chapter 470, Statutes of Nevada 1975, as amended.

7. Washoe County means the county created by and
described in NRS 243.340.

Sec. 6. Section 4 of the Airport Authority Act
for Washoe County, being Chapter 474, Statutes of Nevada 1977, as last amended
by Chapter 508, Statutes of Nevada 1985, at page 1554, is hereby amended to
read as follows:

2. The property and revenues of the Authority, any
interest of any creditor therein, and any possessory interest in or right to
use that property which the Authority may grant, are exempt from all state, county
and municipal taxation.

Sec. 7. Section 9 of the Airport Authority Act
for Washoe County, being Chapter 474, Statutes of Nevada 1977, as last amended
by Chapter 374, Statutes of Nevada 2001, at page 1828, is hereby amended to
read as follows:

Sec.
9. 1. Except as otherwise provided in subsection 2[,]and section 9.5 of this act, the
Board shall comply with the provisions of the Local Government Purchasing Act
and the Local Government Budget and Finance Act.

2. Except as otherwise provided in section 10.2 of
this act, any concession agreement entered into by the Authority in conformity
with the provisions of that section need not conform to the requirements of the
Local Government Purchasing Act.

Sec. 8. Any reference to the Airport Authority of
Washoe County in any written agreement, contract, record or official document
created before July 1, 2005, shall be deemed to be a reference to the
Reno-Tahoe Airport Authority, and any such agreement, contract, record or
official document remains valid and enforceable.

Sec. 9. The Legislative Counsel shall:

1. In preparing the reprint and supplements to the Nevada
Revised Statutes, appropriately change any references to an officer, agency or
other entity whose name is changed or whose responsibilities are transferred
pursuant to the provisions of this act to refer to the appropriate officer,
agency or other entity.

2. In preparing supplements to the Nevada Administrative
Code, appropriately change any reference to an officer, agency or other entity whose
name is changed or whose responsibilities are transferred pursuant to the
provisions of this act to refer to the appropriate officer, agency or other
entity.

Sec. 10. This act becomes effective on July 1, 2005.

________

CHAPTER 370, SB 67

Senate Bill No. 67Committee on Government Affairs

CHAPTER 370

AN ACT relating to
local financial administration; allowing the governing body of a local
government to invoke certain provisions of Nevada law relating to severe
financial emergency under certain circumstances involving litigation or
threatened litigation; staying certain actions by a creditor to attach, garnish
or execute upon the assets of a local government whose management has been
taken over by the Department of Taxation until such time as a program has been formulated to liquidate the
debt owed by the local government to the creditor; and providing other matters
properly relating thereto.

formulated to
liquidate the debt owed by the local government to the creditor; and providing
other matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 354 of NRS is hereby amended by
adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2.1. If the governing body of a local government determines by the
affirmative vote of a majority of its members that, because the local
government is involved in litigation or threatened litigation, the local
government is or will be in a severe financial emergency, the governing body
may submit a request to the Nevada Tax Commission for an order that the
Department, as soon as practicable, take over the management of the local
government pursuant to the provisions of NRS 354.655 to 354.725, inclusive, and
this section and section 3 of this act.

2.If
the Nevada Tax Commission receives a request pursuant to subsection 1, the
Nevada Tax Commission shall order the Department to take over the management of
the local government.

Sec. 3.If the Department takes over the management of a local
government because the local government is involved in litigation or threatened
litigation and if a
creditor of the local government is allowed by law to commence or maintain an action in the nature of
an attachment, garnishment or execution in the courts of this State against the
local government or its assets, the action must be stayed until the following
conditions have been satisfied:

1. The
creditor must meet with the Department to formulate a program for the
liquidation of the debt owed by the local government to that creditor; and

2. The
Department must adopt a program for the liquidation of the debt owed by the
local government to the creditor as described in paragraph (a). The Department
shall formulate the program not later than 60 days after meeting with the
creditor pursuant to paragraph (a). The formulation of the program is a final
decision for the purposes of judicial review.

Sec. 4.NRS
354.655 is hereby amended to read as follows:

354.655 As used in NRS 354.655 to 354.725, inclusive, and sections 2 and 3 of this act,
unless the context requires otherwise:

1. Committee means the Committee on Local Government
Finance.

2. Department means the Department of Taxation.

3. Executive Director means the Executive Director
of the Department of Taxation.

4. Local government means any local government
subject to the provisions of the Local Government Budget and Finance Act.

5. The words and terms defined in the Local Government
Budget and Finance Act have the meanings ascribed to them in that act.

Sec. 5.NRS
354.657 is hereby amended to read as follows:

354.657 1. The purpose of NRS 354.655 to 354.725,
inclusive, and sections 2 and 3 of
this act, is to provide specific methods for the treatment of delinquent documents, technical financial assistance and
severe financial emergency.

2. To accomplish the purpose set forth in subsection
1, the provisions of NRS 354.655 to 354.725, inclusive, and sections 2 and 3 of this act, must be
broadly and liberally construed.

Sec. 6.NRS 354.695 is hereby amended to
read as follows:

354.695 1. As soon as practicable after taking over
the management of a local government, the Department shall, with the approval
of the Committee:

(a) Establish and implement a management policy and a
financing plan for the local government;

(b) Provide for the appointment of a financial manager
for the local government who is qualified to manage the fiscal affairs of the
local government;

(c) Provide for the appointment of any other persons
necessary to enable the local government to provide the basic services for
which it was created in the most economical and efficient manner possible;

(d) Establish an accounting system and separate accounts
in a bank or credit union, if necessary, to receive and expend all money and
assets of the local government;

(e) Impose such hiring restrictions as deemed necessary
after considering the recommendations of the financial manager;

(f) Negotiate and approve all contracts entered into by
or on behalf of the local government before execution and enter into such
contracts on behalf of the local government as the Department deems necessary;

(g) Negotiate and approve all collective bargaining
contracts to be entered into by the local government, except issues submitted
to a fact finder whose findings and recommendations are final and binding
pursuant to the provisions of the Local Government Employee-Management
Relations Act;

(h) Approve all expenditures of money from any fund or
account and all transfers of money from one fund to another;

(i) Employ such technicians as are necessary for the
improvement of the financial condition of the local government;

(j) Meet with the creditors of the local government and
formulate a debt liquidation program;

(k) If the
Department has taken over the management of a local government because the
local government is involved in litigation or threatened litigation, carry out
the duties set forth in section 3 of this act, if the provisions of that
section are applicable;

(l)
Approve the issuance of bonds or other forms of indebtedness by the local
government;

[(l)] (m) Discharge any of the outstanding debts
and obligations of the local government; and

[(m)] (n) Take any other actions necessary to
ensure that the local government provides the basic services for which it was
created in the most economical and efficient manner possible.

2. The Department may provide for reimbursement from
the local government for the expenses the Department incurs in managing the
local government. If such reimbursement is not possible, the Department may
request an allocation by the Interim Finance Committee from the Contingency
Fund pursuant to NRS 353.266, 353.268 and 353.269.

3. The governing body of a local government which is
being managed by the Department pursuant to this section may make recommendations
to the Department or the financial manager concerning the management of the
local government.

4. Each state agency, board, department, commission,
committee or other entity of the State shall provide such technical assistance
concerning the management of the local government as is requested by the
Department.

5. The Department may delegate any of the powers and
duties imposed by this section to the financial manager appointed pursuant to
paragraph (b) of subsection 1.

6. Except as otherwise provided in NRS 354.723 and
450.760, once the Department has taken over the management of a local
government pursuant to the provisions of subsection 1, that management may only
be terminated pursuant to NRS 354.725.

Sec. 7.NRS 31.010 is hereby amended to
read as follows:

31.010 [The]

1.Except
as otherwise provided in subsection 2, the plaintiff at the time
of issuing the summons, or at any time thereafter, may apply to the court for
an order directing the clerk to issue a writ of attachment and thereby cause
the property of the defendant to be attached as security for the satisfaction
of any judgment that may be recovered, unless the defendant gives security to
pay such judgment as provided in this chapter.

2. If the
Department of Taxation has taken over the management of a local government
pursuant to the provisions of section 2 of this act, and if a plaintiff is
allowed by law to apply to a court for an order directing the clerk to issue a
writ of attachment, the plaintiff must comply with the applicable provisions of
section 3 of this act before applying for such an order.

Sec. 8.NRS 41.075 is hereby amended to
read as follows:

41.075 No cause of action may be brought against the
Committee on Local Government Finance created pursuant to NRS 354.105, or any
of its members, which is based upon:

1. Any act or omission in the execution of, or
otherwise in conjunction with, the execution of NRS 354.655 to 354.725,
inclusive, and sections 2 and 3 of
this act, or any policy or plan adopted pursuant thereto, whether
or not such statute, policy or plan is valid, if the statute, policy or plan
has not been declared invalid by a court of competent jurisdiction; or

2. The exercise or performance or the failure to exercise
or perform a discretionary function or duty on the part of the Committee on
Local Government Finance or member thereof, whether or not the discretion
involved is abused.

Sec. 9. This act becomes effective upon passage and
approval.

________

CHAPTER 371, SB 170

Senate Bill No. 170Senator McGinness

CHAPTER 371

AN ACT relating to
local governmental finances; authorizing certain smaller counties to impose an
additional local sales and use tax for certain purposes under certain
circumstances; and providing other matters properly relating thereto.

Section 1. Chapter 377A of NRS is hereby
amended by adding thereto the provisions set forth as sections 1.5 to 11,
inclusive, of this act.

Sec. 1.5. 1.Agriculture
means the current use of real property as a business venture for profit, which
business venture produced a minimum gross income of $5,000 during the
immediately preceding calendar year from the following pursuits:

(a)Raising,
harvesting and selling crops, fruit, flowers, timber or other products of the
soil;

(b)Feeding,
breeding, management and sale of livestock, poultry or the produce thereof;

(c)Operating
a feed lot consisting of at least 50 head of cattle or an equivalent number of
animal units of sheep or hogs, for the production of food;

(d)Raising
furbearing animals or bees; or

(e)Dairying
and the sale of dairy products.

Κ The term includes every process and
step necessary and incident to the preparation and storage of the products
raised on such property for human or animal consumption or for marketing except
actual market locations.

2.As
used in this section, current use of real property for agricultural purposes
includes:

(a)Land
lying fallow for 1 year as a normal and regular requirement of good
agricultural husbandry;

(b)Land
planted in orchards or other perennials prior to maturity; and

(c)Land
leased or otherwise made available for use by an agricultural association
formed pursuant to chapter 547 of NRS.

Sec. 2. Facility
for senior citizens means real and personal property and improvements to real
property that are designed to meet the recreational, cultural, leisure or
nutritional needs of senior citizens, or any combination thereof, and all
appurtenances or customary facilities and uses associated therewith.

Sec. 3. Library
means:

1. A county
library established, operated and maintained by the county pursuant to NRS
379.010; and

2. A district
library established, operated and maintained by the county pursuant to NRS
379.021.

Sec. 4. Park
means real property and any improvements made thereon that are designed to
serve the cultural, leisure, recreational and outdoor needs of natural persons.
The term does not include a golf course, a driving range used to practice the
sport of golf or any similar facility related to the sport of golf.

Sec. 5. Recreational
facility means real and personal property and improvements to real property
for athletic, cultural and leisure activities and all appurtenances or
customary facilities and uses associated therewith. The term does not include a
golf course, a driving range used to practice the sport of golf or any similar
facility related to the sport of golf.

Sec. 6. Recreational
program means a program that is designed to provide athletic, cultural or
leisure activities to members of the general public.

Sec. 7. Senior
citizen means a person who:

1. Is 65 years
of age or older; or

2. Has a physical
or mental limitation that restricts his ability to provide for his
recreational, cultural, leisure or nutritional needs.

Sec. 8. Services
for senior citizens means services that are designed to meet the recreational,
cultural, leisure or nutritional needs of senior citizens.

Sec. 9. 1.
In any county in which a tax has been imposed pursuant to paragraph (d) of
subsection 1 of NRS 377A.020, the county treasurer shall deposit the money that
is attributable to the imposition of the tax and which is received from the
State Controller pursuant to NRS 377A.050 for credit to a fund to be known as
the support fund for agriculture, libraries, parks, recreation and senior
citizens.

2. The support
fund for agriculture, libraries, parks, recreation and senior citizens must be
accounted for as a separate fund and not as a part of any other fund.

Sec. 10. 1.Except as otherwise provided in this subsection, money to
acquire, develop, construct, equip, operate, maintain, improve and manage
libraries, parks, recreational programs and facilities, and facilities and
services for senior citizens, and to preserve and protect agriculture, or for
any combination of those purposes may be obtained, as the board may determine:

(a) By the
issuance of bonds and other securities as provided in subsection 2, subject to
any pledges, liens and other contractual limitations made pursuant to this
chapter;

(b) By direct
distribution from the support fund for agriculture, libraries, parks,
recreation and senior citizens; or

(c) By both the
issuance of such securities and by direct distribution.

Κ Money to acquire, develop,
construct, equip, operate, maintain, improve and manage recreational programs
must not be obtained by the issuance of bonds.

2.The
board may, after the enactment of an ordinance authorized by paragraph (d) of
subsection 1 of NRS 377A.020, from time to time issue bonds and other
securities, which are general or special obligations of the county and which
may be secured as to principal and interest by a pledge authorized by this
chapter of the receipts from the tax imposed by that ordinance.

3.The
ordinance authorizing the issuance of any bond or other security must describe
the purpose for which it is issued.

Sec. 11. The board shall not repeal or amend or otherwise directly or indirectly
modify an ordinance enacted pursuant to paragraph (d) of subsection 1 of NRS
377A.020 in such a manner as to impair an outstanding bond issued pursuant to
this chapter, or other obligations incurred pursuant to this chapter, until all
obligations for which revenue from the ordinance have been pledged or otherwise
made payable from such revenues pursuant to this chapter have been discharged
in full or provision for full payment and redemption has been made.

377A.010 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 377A.012, 377A.014 and
377A.016 and sections 1.5 to 8,
inclusive, of this act have the meanings ascribed to them in
those sections.

Sec. 13. NRS 377A.020 is hereby amended to
read as follows:

377A.020 1. The board of county commissioners of:

(a) Any county may enact an ordinance imposing a tax
for a public transit system, for the construction, maintenance and repair of
public roads, for the improvement of air quality or for any combination of
those purposes pursuant to NRS 377A.030.

(b) Any county whose population is less than 400,000
may enact an ordinance imposing a tax to promote tourism pursuant to NRS
377A.030.

(c) Any county whose population is less than 15,000 may
enact an ordinance imposing a tax to support the operation and maintenance of a
county swimming pool pursuant to NRS 377A.030.

(d) Any
county whose population is less than 100,000 may enact an ordinance imposing a
tax to acquire, develop, construct, equip, operate, maintain, improve and manage
libraries, parks, recreational programs and facilities, and facilities and
services for senior citizens, and to preserve and protect agriculture, or for
any combination of those purposes pursuant to NRS 377A.030. The duration of the
levy of a tax imposed pursuant to this paragraph must not exceed 30 years.

2. An ordinance enacted pursuant to this chapter may
not become effective before a question concerning the imposition of the tax is
approved by a majority of the registered voters of the county voting upon the
question which the board may submit to the voters at any general election. A
county may combine [the questions for a public transit system, for the
construction, maintenance and repair of public roads and for the improvement of
air quality]a
question concerning the imposition of a tax described in subsection 1 with
questions submitted pursuant to NRS 244.3351, 278.710 or 371.045, or any
combination thereof. The board shall also submit to the voters at a general
election any proposal to increase the rate of the tax or change the previously
approved uses for the proceeds of the tax.

3. Any ordinance enacted pursuant to this section must
specify the date on which the tax must first be imposed or on which an increase
in the rate of the tax becomes effective, which must not be earlier than the
first day of the second calendar month following the approval of the question
by the voters.

Sec. 14. NRS 377A.020 is hereby amended to
read as follows:

377A.020 1. The board of county commissioners of:

(a) Any county may enact an ordinance imposing a tax
for a public transit system, for the construction, maintenance and repair of
public roads, for the improvement of air quality or for any combination of
those purposes pursuant to NRS 377A.030.

(b) Any county whose population is less than 400,000
may enact an ordinance imposing a tax to promote tourism pursuant to NRS
377A.030.

(c) Any county whose population is less than 15,000 may
enact an ordinance imposing a tax to support the operation and maintenance of a
county swimming pool pursuant to NRS 377A.030.

(d) Any
county whose population is less than 100,000 may enact an ordinance imposing a
tax to acquire, develop, construct, equip, operate, maintain, improve and
manage libraries, parks, recreational programs and facilities, and facilities and services for senior citizens,
and to preserve and protect agriculture, or for any combination of those
purposes pursuant to NRS 377A.030.

facilities, and
facilities and services for senior citizens, and to preserve and protect
agriculture, or for any combination of those purposes pursuant to NRS 377A.030.
The duration of the levy of a tax imposed pursuant to this paragraph must not
exceed 30 years.

2. An ordinance enacted pursuant to this chapter may
not become effective before a question concerning the imposition of the tax is
approved by a majority of the registered voters of the county voting upon the
question which the board may submit to the voters at any general election. A
county may combine [the questions for a public transit system, for the
construction, maintenance and repair of public roads and for the improvement of
air quality]a
question concerning the imposition of a tax described in subsection 1 with
questions submitted pursuant to NRS 244.3351, 278.710 or 371.045, or any
combination thereof. The board shall also submit to the voters at a general
election any proposal to increase the rate of the tax or change the previously
approved uses for the proceeds of the tax.

3. Any ordinance enacted pursuant to this section must
specify the date on which the tax must first be imposed or on which an increase
in the rate of the tax becomes effective, which must be the first day of the
first calendar quarter that begins at least 120 days after the approval of the
question by the voters.

Sec. 15. NRS 377A.030 is hereby amended to
read as follows:

377A.030 Except as otherwise provided in NRS 377A.110,
any ordinance enacted under this chapter must include provisions in substance
as follows:

1. A provision imposing a tax upon retailers at the
rate of not more than:

(a) For a tax to promote tourism, one-quarter of 1 percent;

(b) For a tax to establish and maintain a public
transit system, for the construction, maintenance and repair of public roads,
for the improvement of air quality or for any combination of those purposes,
one-half of 1 percent; [or]

(c) For a tax to support the operation and maintenance
of a county swimming pool, one-quarter of 1 percent; or

(d) For a
tax to acquire, develop, construct, equip, operate, maintain, improve and
manage libraries, parks, recreational programs and facilities, and facilities
and services for senior citizens, and to preserve and protect agriculture, or
for any combination of those purposes, one-quarter of 1 percent,

Κ of the gross
receipts of any retailer from the sale of all tangible personal property sold
at retail, or stored, used or otherwise consumed, in a county.

2. Provisions substantially identical to those
contained in chapter 374 of NRS, insofar as applicable.

3. A provision that all amendments to chapter 374 of
NRS after the date of enactment of the ordinance, not inconsistent with this
chapter, automatically become a part of the ordinance.

4. A provision that the county shall contract before
the effective date of the ordinance with the Department to perform all
functions incident to the administration or operation of the tax in the county.

5. A provision that exempts from the tax or any
increase in the tax the gross receipts from the sale of, and the storage, use
or other consumption in a county of, tangible personal property used for the
performance of a written contract for the construction of
an improvement to real property, entered into on or before the effective date
of the tax or the increase in the tax, or for which a binding bid was submitted
before that date if the bid was afterward accepted, if under the terms of the
contract or bid the contract price or bid amount cannot be adjusted to reflect
the imposition of the tax or the increase in the tax.